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

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

Punishment of the crime

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, the Defendant, under the direction of the Defendant, collected the e-mail card to be used for the criminal act of Bosing at KRW 50,000 per unit in return for the payment of KRW 50,000 per unit of the e-mail, which he/she became aware of through the “le-phone Stockholm,” a smartphone-rating Television, and kept D’s e-mail card from D on May 31, 2017 to deliver it to Bosing staff, and around May 15:30, 2017, the Defendant kept D’s e-mail card from D from May 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to physical cards and other seized articles taken by the defendant from D;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Financial fraud crimes, such as phishing, etc., for the reasons of sentencing under Article 48(1)1 of the Confiscation Criminal Act, are committed in a sector by taking part not only in the total liability but also in subordinate employees’ participation such as withdrawal books, money exchange books, remittance books, solicitation books of passbooks, and credit card delivery books, and such crime cannot be committed without taking part in the above subordinate employees’ participation.

Therefore, there is a great need to punish such an act of participation strictly.

However, the defendant recognizes his mistake and reflects it, and only one time of fine.

The degree of participation is relatively weak by acting as a delivery book.

All other circumstances such as the defendant's age, sex, family relationship, property status, etc.