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A defendant shall be punished by imprisonment 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 person shall, in using and managing a means of access used in electronic financial transactions, borrow or lend a means of access, or keep, deliver or distribute a means of access knowing that it is intended to use the means of access for a crime or intended to be used for a crime.
Nevertheless, on June 16, 2020, the Defendant accepted a proposal to the effect that “The Defendant shall bring in the Republic of Korea the proceeds of gambling related to the Republic of Korea from an unfolding staff member (referred to as “T”) who reported and contacted advertising messages,” and then, he shall pay 3% of the amount withdrawn at the time of transfer to a designated account after receiving the check card and withdrawing cash in accordance with the instructions, and then pay 3% of the amount withdrawn at the time of transfer to the designated account.”
On June 17, 2020, at around 13:18, 2020, the Defendant collected two physical cards from the sum of C’s name C’s C’s C’s C’s C’s C’s C’s C’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’.
Accordingly, the Defendant kept the means of access used in electronic financial transactions for the purpose of using them.
Summary of Evidence
1. Application of Acts and subordinate statutes to the defendant's legal statement investigation report (including the contents of the message given and received by the suspect, the member of the telephone finance organization, etc.), telegram dialogue, and the Kakakao Stockholm conversation;
1. Article 49(4)2 and Article 6(3)3 of the former Electronic Financial Transactions Act concerning criminal facts (amended by Act No. 17297 of May 19, 202)
1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The circumstances favorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The defendant is recognized as committing the instant crime and is against the law.
The defendant seems to have no profit from the crime of this case.
The defendant is transferred.