Text
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 keep, deliver or distribute any means of access used in electronic financial transactions, knowing the receipt, request or promise of the consideration, or the use in a crime.
Nevertheless, on June 25, 2018, the Defendant: (a) received a proposal from an unswornist’s name to operate an illegal sports soil site “B” online; (b) received a delivery of a e-mail card from the nominal holder of the e-mail; (c) sent a e-mail card to the place where the instructions are given; and (d) received a proposal that he/she would pay KRW 50,000 for each e-mail card; and (b) received a e-mail card connected to the E’s new bank account (F) from the e-mail in front of the D real estate located in the City of He/sheed, and kept it on June 25, 2018.
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. Defendant's legal statement;
1. Investigation report (report attached to the report of the informant E), text of the advertisement on the deposit of the account that has been made to the informant, and H dialogue between the informant and the informant;
1. 수사보고(피의자 A 증거 인멸 시도 및 B 어플 대화내용 특정 보고), -피의자와 불상� 조작원과 전화통화한 통화내역 촬영 사진, -피의자와 상선이 대화한 B 대화내용(사진)
1. Investigation report (report attached to photographs taken at the place of arrest), six photographs;
1. Application of the list of seized articles and the Acts and subordinate statutes;
1. Relevant Article 49(4)2, and Article 6(3)2 and 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the following) ;
1. Social service order under Article 62-2 of the Criminal Act;
1. Sentencing for sentencing under Article 48(1)1 of the Criminal Act is shown in the trial process of the instant case, including the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, and the circumstances after the crime.