The defendant shall be innocent.

1. In using and managing the means of access, no person shall borrow or lend a means of access or keep, deliver or distribute a means of access with the knowledge that the means of access is to be used for a crime or to be used for a crime, unless otherwise specifically provided for in other Acts;

Nevertheless, on April 17, 2018, at around 22:00 on April 17, 2018, the Defendant and B and C deposited the money deposited from the staff members of the “Singing” (D. hereinafter “E”) in the form of “Singing” fraud, and the Defendant and C deposited the money in the form of the “Singinging” fraud, and the Defendant and C kept a total of 24 copies of the G Bank’s physical card (H) in the name of the F bank that were used to withdraw the money deposited in the crime of “Singing” from the “Singing” (D. hereinafter “E”), and kept it until the date on which the Defendant and C kept it by using the “Sing” card in the name of F bank (H) around April 23:30, 2018.

Accordingly, the Defendant, in collusion with B and C, kept the means of access with the knowledge that it would be used for a crime or for a crime of licensing.

2. The Defendant asserts that, upon C and B’s request, he did not know that the said card was used for licensing.

In light of the fact that the defendant's entry into the Republic of Korea and acting as a package withdrawal book, the fact that the defendant has kept 12 copies of the card upon the request of C and B, and that keeping a large quantity of other person's card is considerably unusual, etc., there is doubt as to whether the defendant is not keeping the card with the knowledge that it will be used for the crime such as hosting, etc.

However, the recognition of criminal facts in a criminal trial should be based on strict evidence of probative value, which leads a judge to the degree that there is no room for reasonable doubt.