Text
Defendant
A and C shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of three million won.
The Defendants respectively.
Reasons
Punishment of the crime
No person shall transfer the access medium while using or managing the access medium for financial transactions.
1. On November 28, 2016, Defendant A received a proposal from a new bank near the 5th air station in Seoul subway Line, Seoul subway Line, which provides KRW 50,000 per day from D, and transferred passbooks, physical card, and passwords connected to the Defendant’s new bank account (E) to D.
2. Defendant B gives 50,000 won per day when transferring a passbook from F to D.
“I hear horses, and, on December 1, 2016, from 1st, from the G store near the city of Gangnam-gu Seoul subway: D, the passbook, physical card, and password connected to the Defendant’s one bank account (H) and the Korean bank account (I) were transferred.
3. On November 28, 2016, Defendant C received a proposal that 50,000 won should be given to Defendant C at a new bank near the air station of Seoul subway Line No. 5, e.g., Seoul subway Line e., the Defendant transferred passbook, e.g., passbook, e., password connected to the Defendant’s new bank account (J).
Summary of Evidence
1. Defendants’ respective legal statements
1. A protocol concerning the examination of suspects of D by the prosecution;
1. Statement made to K in the police statement;
1. Application of Acts and subordinate statutes on the inquiry of details of each account and the details of text messages [Defendant A and C]
1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334(1) of the Criminal Procedure Act / [Defendant B]
1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;