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A defendant shall be punished by imprisonment for one year.
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
In using and managing the means of access to electronic financial transactions, no person shall knowingly use the means of access for a crime or have been used for a crime, or receive, demand or promise the means of access to lease or lease or keep, deliver or distribute the means of access.
Nevertheless, at the end of May 2019, the Defendant received a proposal from the scaming staff to “B,” stating that “The Defendant will pay 2% of the face-to-face withdrawal amount and 50,000 won per day to a designated account by withdrawing cash by delivering the scam card,” and, in response, received the said cam card, knowing that it will be used for a crime, around July 25, 2019, he received and kept one copy of the C bank c’s cam card (credit card number) in the name of another person, which is packaged in the vicinity of the 321st place, Songpa-gu, Seoul, Y-ro, 321, and then kept it by delivery of 10 copies of the cam card in the name of another person, such as the cambook, from around that time to August 22, 2019.
Accordingly, the defendant knowingly promised to use the means of access to the crime and kept the means of access.
Summary of Evidence
1. Defendant's legal statement;
1. A report on investigation (the details of arrest of a suspect);
1. Records of seizure and the list of seizure;
1. Application of the aforementioned Acts and subordinate statutes to the contents of mobile Messenger dialogue (F) and the contents of conversation;
1. Articles 49 (4) 2 and 6 (3) 2 of the relevant Electronic Financial Transactions Act concerning criminal facts (the custody of a means of access to a means of access to a cost promise) and Articles 49 (4) 2 and 6 (3) 3 of the relevant Electronic Financial Transactions Act (the custody of a means of access to a means of crime for the purpose of using such means of access);
1. Articles 40 and 50 of the Criminal Act for each commercial competition (trade between the violations of each electronic financial transaction due to the custody of the same means of access);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 of the Criminal Act: