A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall keep, deliver, or distribute a means of access while receiving or promising compensation.

On August 27, 2019, the Defendant responded to the Defendant’s delivery of a box containing the card under the condition that 1.50,000 won per day will be received from the name unclaimed boxes (Kakakakao Stockholm B, and the telegram conversation “C”), which had been contacted through the cross-job offer advertisement (hereinafter “C”), on September 19, 2019, with the offer of “on September 19, 2019, the Defendant would make a transfer of the passbook to the account to which he would receive the check and make a withdrawal of cash from the account connected with the card and notify the account of the withdrawal of cash.”

Accordingly, from September 25, 2019 to September 11:15, 2019, the Defendant kept a total of nine cards listed in the attached list of crimes, such as the F Card in the name of E sent from credit collection books D, etc., in front of the exit out of 140 out of Songpa-gu Seoul Olympic Games No. 140 to September 27, 2019.

Accordingly, the Defendant kept the means of access while receiving compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (Evidence 9, 11)

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the number 1 and 2 of each electronic financial transaction table in attached Form 1 and 2 shall be between the crimes in violation of each electronic financial transaction);

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 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Imprisonment with prison labor for not more than four years and not more than six months;

2. Since the crime of violating each Electronic Financial Transaction Act stated in [Attachment 1] Nos. 1 and 2 of the list of offenses according to the sentencing guidelines is in a mutually competitive relationship, the remaining list of offenses is 3 through 2.