A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

On August 31, 2019, the Defendant received a proposal from a person without his/her name (hereinafter “Bag AB”), stating, “If he/she serves in the delivery of a physical card, he/she will pay 5-60,000 won per card.” On August 15, 2019, he/she received and kept one copy of the DNA Bank C’s physical card (credit number E) in the name of Non-resident from the non-resident to October 31, 2019, and kept a total of 122 physical cards as indicated in the attached list of crimes.

Accordingly, the Defendant committed an act of keeping means of access while receiving or promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Records of each seizure, list of seizure, and photographs of seized goods;

1. Contents of the pocket book, photographs of the body-based cards in the defendant's mobile phone-related photographs, photographs of each telegram dialogue, and Kakaoo dialogue;

1. The application of Acts and subordinate statutes (No. 30) of the body card photograph;

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. 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. Aggravation elements for committing a crime for the purpose of operating, organizing, or using a crime for the purpose of crime (special person) according to the sentencing guidelines: Where the number of means of access is large, or where profits from a crime are very large (the area of recommendation and the scope of recommendation), increased area, imprisonment with labor for October through June;

2. The crime of having the means of electronic financial transactions while knowing that they will be used for the determination of sentence is highly likely to cause social harm, such as phishing, etc. of the means of access.