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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.
Nevertheless, around October 2019, the Defendant collected and kept the check card under the name in the name of another person (hereinafter “B” and “C”), which became contacted through the Internet, and received a proposal from the Defendant to withdraw the check and transfer it to another account, and agreed to receive 2% of the face-to-face withdrawal amount from the account connected to the card as allowances, and then, the Defendant’s intent to collect and keep the check card along with the Defendant’s female job-care D, with the order of the above non-indicted’s name.
On February 4, 2020, the Defendant and D collected and stored the H Bank Cze Card (the card number I) and the J Bank Cze Card (the card number K) in the name of G, as well as the F Office located in Gyeonggi-si, Gyeonggi-do.
On February 21, 2020, the Defendant continued to communicate with D and from time to time, and ordered D to collect a physical card, and D collected and preserved the JBC card in the name of M in the F place of business located in Gangnam-gu Seoul L, JBC card (N), PBC card in the name of M, and R’s PBC card in the name of R (the card number Q), and R’s PBC card (the card number S).
In collusion with D, the Defendant committed a promise to pay, and kept five physical cards in the name of another, the means of access.
Summary of Evidence
1. Statement by the defendant in court;
1. Records of seizure and the list of seizure;
1. Details of conversations between each telegram;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act, and Article 10 of the Criminal Act, respectively.