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A defendant shall be punished by imprisonment for one year.
Seized evidence 1, 3, 4, and 5 shall be confiscated, respectively.
Reasons
Punishment of the crime
In using and managing the means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access, with the knowledge that they are to be used for any crime or to be used for any crime, unless otherwise provided for in other Acts.
Nevertheless, on November 2018, the Defendant knowingly consented to the use of the Cze Card, which was collected by himself, for the crime of Bosing, with the intention of collecting the Cze Card from "B", which is a constituent element of the organization of Bosing.
1. On December 10, 2018, the Defendant: (a) received an order from the foregoing B to see the card; and (b) possessed one passbook in the name of the E Bank in the name of the deceased; and (c) one E Bank physical card (F) connected thereto in the name of the deceased; and (d) possessed the card in the name of the deceased D.
2. On December 11, 2018, the Defendant: (a) received an instruction from the above B to duplicating the card; and (b) possessed one J Bank Cream (K) and L Union Cze Card (M) in the name of the I, respectively, in front of the H elementary school ruling located in Dongjak-gu Seoul Metropolitan Government.
Accordingly, the Defendant, in collusion with the above B, kept the means of access in collusion with the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police officer to I;
1. Each report on investigation;
1. Application of Acts and subordinate statutes on seizure records and list of seizure;
1. Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, and Article 30 of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The Defendant’s reasons for sentencing under Article 48(1) of the Criminal Act reflects the wrongness, and is the primary offender.
However, even though the defendant is aware that he/she is used for a crime under the direction of the accomplice of the telephone financial fraud organization, he/she has kept the means of access.