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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
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 is to be used for a crime or to be used in such crime.
Around November 2017, the Defendant was offered a proposal to “a loan up to 30 million won to a copy, abstract, family relation certificate, and physical card of resident registration by telephone from a person who assumes a false person who assumes the position of B Bank staff,” which reads that “I will withdraw and return fees with a physical card upon entering the account.”
On October 2014, the Defendant: (a) was aware that the account was experienced in police investigations on the wind used for the crime of Bophishing; (b) was provided with another person’s account number or physical card at a Bophishing organization; and (c) was aware that the account was used for the use of the means of access, such as account number or physical card; and (d) was used for the use of the means of access, such as bank account number or physical card, if the account was transferred to the accused without permission, so it would be used for the crime of Bophishing, etc.
Nevertheless, the Defendant accepted the proposal of the person who was not wounded, and then delivered one physical card connected to the Defendant’s E (F) account before the hospital located in Suwon-gu, Busan, Busan, to the male and female, around December 2017.
Accordingly, the Defendant was aware that the means of access was used in crime, and the Defendant was leased or lent, or stored, delivered, or distributed.
Summary of Evidence
1. Partial statement of the defendant;
1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;
1. Statement of the police statement related to G;
1. One copy of the judgment, and a copy of the police examination protocol against the defendant;
1. Application of Acts and subordinate statutes for account transfer certificates;
1. Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3) of the same Act concerning criminal facts and the selection of punishment.