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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, 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 one shall keep, deliver, or distribute a means of access in the course of receiving, demanding, or promising the payment. Nevertheless, the Defendant accepted a proposal from a person who was aware of the fact through the Internet that “to provide KRW 70,000 won per case if he/she received and delivered a third person’s physical card.” On April 24, 2019, according to the order of the person who was not aware of the above name, he/she received and kept one copy of the bank check (credit number E) in the name of the B building C and D from D and kept one copy of the above name, and around April 25, 2019, kept one copy of the F apartment G1-2 D from H’s new bank card (credit number I) in the name of H.
As a result, the Defendant committed a promise to pay, and kept two physical cards, which are means of access, respectively.
Summary of Evidence
1. Defendant's legal statement;
1. Records of seizure, the list of seized articles, photographs, etc.;
1. Application of the Act and subordinate statutes to the police statement of H, card photographs, investigation report (Attachment to the conversation between the Hascing upper line and the J), investigation report (Attachment to the K conversation exchanged between investigation advisers and the investigative partner)
1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act and the choice of a sentence concerning criminal facts, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The crime of keeping the means of electronic financial transactions, knowing that it will be used for the purpose of sentencing under Article 62-2 of the Criminal Act, should be strictly punished in that the means of access in electronic financial transactions can be used for a very large amount of social harm, such as scam, etc.
In addition to the crime charged, the Defendant received compensation in the course of collecting and delivering the means of access.
However, the Defendant is against the recognition of the instant crime, and there has been no record of punishment until now.
Any other matter.