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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
No person shall, with respect to the use and management of a means of access, keep, deliver or distribute a means of access knowing that he/she has received, demanded or promised to receive any compensation, has been used for a crime, or has been used for a crime
Nevertheless, the Defendant promised to receive an amount equivalent to 2% of the withdrawn amount from the face of a telephone financial fraud (tentatively referred to as “scam”) (tentatively referred to as “scam”) from a person who was named in the name of the organization (B) and received a check from a third party in accordance with his direction, and then deposited cash from a nearby financial institution, and then remitted the cash to the person who was named in the name of the said person.
On September 17, 2019, the Defendant, at around 15:25, kept in front of the exit of Yeongdeungpo-gu Seoul Metropolitan City, No. 3, the Defendant received and kept a copy of the card collection book D, E, FF bank physical card (G) from E, and kept from that time until September 15:20, 2019, from that time, the Defendant received and kept a total of 4 times of the total of 9 others’ check from September 23, 2019.
Accordingly, the defendant, knowing that he will be used in the crime, has promised to keep the means of access nine copies.
Summary of Evidence
1. Statement by the defendant in court;
1. Examination protocol of the accused by prosecution;
1. Records of seizure and the list of seizure;
1. Investigative report (the suspect A was in possession of them with a dry bar, but seized crow photographs); and
1. An investigation report (afforesting photographs of the card for voluntary submission and the statement of transactions);
1. Investigation report (to attach photographs of hidden cards to public vehicles after an arrest of a suspect);
1. Investigation report (Attachment to the suspect's cell phone photographic card photo of another person's cell phone stored in the suspect's cell phone and the body-based card photograph kept in the suspect's cell phone);
1. Application of Acts and subordinate statutes to investigation report (a photograph of B conversation stored in a suspect's cell phone);
1. Article 49 (4) 2, and Article 6 (3) 2 and 3 of the Electronic Financial Transactions Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.