A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Punishment of the crime

In using and managing a means of access, no one may keep, deliver or distribute a means of access knowing that such means will be used for any crime, unless otherwise provided for in other Acts.

On April 15, 2009, the Defendant was aware that the Seoul Southern District Court had been issued a summary order of KRW 1.5 million due to the violation of the Electronic Financial Transactions Act, and that the delivery of the means of access to a person under whose name the victim could be used for crimes, such as singishing.

Nevertheless,

1. On June 2018, the Defendant: (a) received a proposal that “I would make a mastp loan from a person who assumes a false name who assumes the agent for B Bank C in 2018; (b) he/she sent it to a post office as possible; and (c) around that time, sent one check card connected to B Bank D account in the name of the Defendant at the Seoul Dongdaemun-gu Seoul Dongdaemun-ro 10 office to the place designated by the deceased of name in his/her name.”

2. On October 2018, the Defendant: (a) received a proposal from a nameless person who misrepresents the employees of the savings bank, stating, “When sending a physical card with low credit rating, he/she would make a loan by withdrawing company’s money and making a transaction performance; and (b) around October 24, 2018, at the front of the Dongdaemun-gu Seoul Dongdaemun-gu Seoul Metropolitan Government FF, sent two physical check cards connected to the Defendant’s nameless person via Kwikset Service Articles.

Accordingly, the Defendant knowingly delivered a means of access to a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Copies of the police statement to K; and

1. Investigation report (verification of physical card numbers, etc. transferred by a suspect);

1. Each specification of transactions;

1. Application of CCTV Acts and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 3 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;

1. Selection of each sentence of imprisonment;

1. Article 37 of the Criminal Code among concurrent crimes.