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

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.

On September 2018, from around January 2018 to January 2019, the Defendant: (a) received a proposal from the non-defensor that he would withdraw money deposited in the account in the name of another person for the purpose of tax evasion and deliver the money to the above non-defensor; and (b) accepted it; (c) received and kept a physical card connected to the C Bank Account (Account Number D) and the E Bank Account (Account Number F and G), each connected to the C Bank Account established in the name of B, one copy of the C Bank Card, and one copy of the C Bank Account connected to the H Bank Account (Account Number I).

Accordingly, the defendant kept the means of access knowing that they will be used in the crime.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of the Acts and subordinate statutes on account transactions in B, a copy of account transactions in B, a copy of account transactions in B, and the E account transactions in B;

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act and the choice of a sentence concerning criminal facts, and the choice of imprisonment, respectively;

1. Among concurrent offenders, there are not more than four means of access that the Defendant received and kept for the reasons of sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act.

Using the means of access in custody, the amount of KRW 1 billion has been withdrawn and delivered to the person under whose name the means of access was in custody.

The profits earned by the defendant in return are also 10 million won.

The Defendant committed the instant crime even though he was sufficiently aware of the illegality of the instant act after being investigated into a fraudulent act on March 2016 as to “an act of withdrawing KRW 59 million deposited into his own Jbank account and transmitting it to the party under his name.”

Defendant.