A defendant shall be punished by imprisonment for one year.

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 person shall borrow or lend any access medium, or keep, deliver or distribute it, knowing that it is intended to receive, demand or promise any consideration, to use it for a crime, or to use it for a crime.

피고인은 2018. 6. 중순경 휴대폰 ‘ 위 챗’ 메신저를 통해 대화명 ‘C’, ‘D ’를 사용하는 어떤 사람으로부터 “ 타인의 체크카드를 전달 받아 지시하는 계좌로 돈을 송금하는 일을 하면 거래금액의 약 2% 의 대가를 주겠다.

“ receives a proposal.”

Defendant, despite being aware that the above physical card was used for gambling or fraud, received and kept on June 28, 2018 at Kwikset Service Center in the Gokset bus terminal located in Jeonju-si on June 16:10, 2018, and received and kept one E-based corporate bank physical card (F, No. 1) in the same place as G at around 19:00 on the same day.

As a result, the defendant committed an act of delivering and keeping access media while being aware that he will be used for a crime in return for compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. 수사보고( 피의자 A의 위 챗 대화내용, 대화명: C), 위 챗 대화내용

1. 수사보고( 피의자 A의 위 챗 대화내용, 대화명: D), 위 챗 대화내용

1. Data of photographs;

1. Investigation report (whether to inquire into a business bank card (F) transaction suspension, and telephone conversations under the nominal owner);

1. Notification of data on financial transaction status;

1. Application of each existing statute referred to in subparagraphs 1 and 2, of seized evidence;

1. Relevant Article of the Act and Article 49 (4) 2 and Article 6 (3) 2 and 3 of the Act on Electronic Financial Transactions in the Selection of Punishment for the Crime (or Selection of Imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 48(1) of the Criminal Act is not that of the crime in light of the content of the crime in this case and the social damage, etc.