Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she has received or promised to receive compensation and is to be used for a crime or to be used for such crime.
Nevertheless, on February 20, 2020, the Defendant received a proposal from a person without his name, stating that he will receive an illegal gambling site fund and withdraw it to the designated account, and consented thereto. On February 24, 2020, the Defendant collected and kept one copy of the national bank check (C) in the name of Seoul and then kept the means of access by collecting a total of 28 physical cards from around March 3, 2020, as shown in the list of crimes.
As a result, the Defendant, while receiving and promising compensation, has kept the means of access knowing that it will be used for crime.
Summary of Evidence
1. Statement by the defendant in court;
1. Examination protocol of the accused by prosecution;
1. Records of seizure and the list of seizure;
1. 압수물 분석 및 정리, 위챗 메시지, 범죄일람표 및 체크카드 사진 법령의 적용
1. Article 49 (4) 2, and Article 6 (3) 2 and 3 of the Electronic Financial Transactions Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Imprisonment with prison labor chosen;
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. Scope of recommendation [decision of types] according to sentencing guidelines for offenses in violation of the Electronic Financial Transactions Act / [Type 2] Offense for Business, Organization, and Use of Crime [Scope of Recommendation Area and Recommendation] Basic Field, 6 months through one year and 6 months [general person] - Reduction element of punishment: No record of criminal punishment;
2. Determination of sentence: One year of imprisonment (the contents of the crime at the time of sale, the reasons for the above sentencing, the age, motive and circumstances of the defendant, the circumstances after the crime, etc.);