A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No act of lending or lending a means of access, or keeping, delivering or distributing a means of access, knowing that the means of access is to be used for a crime or to be used in such crime.

At around 21:50 on April 29, 2019, the Defendant, in collusion with Chinese nationality-based foreigners, kept four copies, including Korean physical cards (G) 1, H’s national physical cards (K) 1, H’s new physical cards (K) 1, L’s personal financial investment cards (Comprehensive Card Number M) 1, in accordance with F’s instructions of collecting physical cards, despite being aware that they will be used for the crimes of Bophishing, etc. in front of the “D pharmacy” located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu.

Accordingly, the defendant had the means of access known to be used in collusion with the person who was not injured in name.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Application of Acts and subordinate statutes on police 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; Article 30 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The crime of having the means of electronic financial transactions while being aware that it will be used for the purpose of sentencing under Article 48(1) of the Criminal Act requires strict punishment in that the means of access, such as scam, can be used for a very large amount of social harm such as scam.

However, it appears that the defendant recognized and reflected the crime, and the materials such as the defendant's participation in the organization of the Bosing criminal act are not discovered, and there is no criminal record in Korea, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime.