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A defendant shall be punished by imprisonment with prison labor for up to six months.
Seized evidence 1 through 4 and 6 through 8 shall be confiscated, respectively.
Reasons
Punishment of the crime
No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation in the course of using or managing the means of access, and shall not lend or lend a means of access or keep, deliver or distribute a means of access with the knowledge that it is intended to be used for a crime or intended to be used for a crime.
On August 2016, the Defendant: (a) explained that the physical card was used for tax evasion; (b) provided that the physical card was used for tax evasion; and (c) provided the physical card to another person by using the physical card as directed by the bearer.
At around 10:00 on August 23, 2016, the Defendant received and possessed a copy of C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-S-C-C-C-S-C-S-C-S-C-S-C-S-C-S-C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S
As a result, the defendant, knowing that he would be used in the crime in return for compensation, kept the means of access.
Summary of Evidence
1. 피고인의 법정진술 각 경찰 압수조서 및 압수목록 각 수사보고(피의자 명의 휴대폰 위쳇대화 내용 사진-위챗 대화 내용 사진, 피의자 명의 휴대폰 갤러리 확인-거래명세표 캡처 사진, 부산은행 카드 사진 첨부) 압수된 카드 사진, 법령의 적용
1. Relevant Article 49 (4) 2 and 6 (3) 2 and 3 of the Electronic Financial Transactions Act concerning facts of crime;
1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.