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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
【The Defendant was sentenced to two years of imprisonment for robbery at the Seoul Western District Court on January 3, 2014, and completed the execution of the sentence at the Ansan Prison on September 22, 2015.
【No person constituting an offense shall borrow or lend any access medium in the course of transferring, taking over, demanding, or promising to take over, the access medium.】
A. On February 2016, the Defendant received 800,000 won and transferred to D access media, such as physical cards, connected to the bank account (C) opened in the name of the Defendant’s mother at the Yadong-dong, Sungnam-si, Sungnam-si.
B. On February 2, 2016, the Defendant: (a) transferred 500,000 won via a physical card and other access media connected to F’s corporate banking account (G) from Gangdong-gu Seoul to F; (b) received KRW 700,000 from D around that time.
(c)
On February 2, 2016, the Defendant transferred 500,000 won to D by taking over the access media, such as physical cards, connected to H’s bank account (I) from H at the coffee shop near the station of Incheon State. The Defendant received 600,000 won around that time.
(d)
On June 2016, the Defendant received 1,000,000 won and transferred to M the access media, such as the physical card, connected to the Nong Bank account (L) opened in the name of Defendant’s wife K at the Nam-gu Incheon Metropolitan CityJ.
E. On June 2016, the Defendant received 1,000,000 won and transferred to D access media, such as physical cards, connected to N’s Nong Bank’s account (O) at a place where the location is unknown.
Summary of Evidence
1. Statement made in D in the first trial record;
1. A protocol concerning each of the police suspects against the accused, D, or F;
1. Copies of the police investigation protocol concerning M;
1. Copy of the police statement made B by the police;
1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report of confirmation during the period of repeated offense);
1. Relevant Article of the Act and Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act concerning facts constituting an offense (or choice of imprisonment).