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Defendants shall be punished by imprisonment for not less than five months.
However, for two years from the date of the final judgment, the above sentence against the Defendants is imposed.
Reasons
Punishment of the crime
1. On September 2013, Defendant A submitted a proposal that “If a passbook is created in the name of the head of the Tong, 4 million won will be given to the person under the name of the head of the Tong, 2 million won will be given to him and 3 million won will be given to him/her to him/her,” which is to be used for the so-called “scamscamscam” in the so-called “Scambe” store located in Seocho-gu Seoul, Seocho-gu, Seoul, and that Defendant A responded to this proposal, “If the head of the Tong is created in the name of the head of the Tong, 4 million won will be given to him/her, and 3 million won will be given to him/her to him/her.”
B, around October 14, 2013, as stated in the following 2. Around October 14, 2013, it registered its business as “D” with its representative as “D,” and transferred 17 cards and OTP cards, which are means of access, to C, as stated in the list of crimes in attached Form C.
Accordingly, the Defendant assisted the transfer of the means of access to B to B.
2. On September 14, 2013, the Defendant: (a) received proposals from the Defendant 1, 2013, and received two million won from the Defendant, and (b) accordingly, registered as a limited liability company (D) by having himself/herself as his/her representative in accordance with the order of the said C at Sinjin-si, Suwon-si around October 14, 2013; and (c) opened a passbook as shown in the attached list of crimes; and (d) transferred 17 cash cards and OTP cards to the said C.
Accordingly, the Defendant transferred cash cards, OTP cards, etc. to the above C.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police suspect interrogation protocol of C and E;
1. Application of the police protocol of statement to F;
1. Defendant A of the pertinent provision of criminal facts: Articles 49(4)4, 6(3)4 and 6(3)1 of the Electronic Financial Transactions Act; Defendant B; Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act;
1. Selection of each sentence of imprisonment;
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;
1. Each suspension of execution;