Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On August 11, 2017, the Defendant was sentenced to six months of imprisonment with prison labor in the Incheon District Court for fraud, etc., and the judgment on August 19, 2017 became final and conclusive.

Criminal facts

On December 1, 2016, the Defendant: (a) received a proposal from a person in an influence to the name of Kimpo-si (hereinafter “Swipo-si”); and (b) sent a physical card connected to the bank account in the name of the Defendant to a person in an influence to the name of the Defendant through Kwipo-si (B).

Accordingly, the defendant agreed to pay the price and transferred the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Details of transactions, applications for opening of accounts, and details of transactions;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the access media that the Defendant transferred by reason of sentencing appears to have been used for the phishing crime; (b) there seems to have been punished several times due to fraud, etc.; (c) the transfer of money to the transferred account was made by withdrawing and using the amount; (d) there is no same record; and (e) the crime of this case is in a single concurrent relationship with the previous offense after Article 37 of the Criminal Act, taking into account the favorable circumstances; and (e) the punishment is determined as ordered by the text, taking into account all the factors such as the Defendant’s age, sexual behavior, environment, motive and circumstance, and circumstances after the crime.

Parts of innocence

1. The summary of the facts charged is that the Defendant transferred a medium of access to the above facts constituting a crime to the victim C on December 1, 2016, and then belongs to the victim C’s name-free singing crime.