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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
(1) On May 13, 2015, the Defendant was sentenced to the punishment of larceny, fraud, fraud, fraud, fraud, violation of the Act on Specialized in Credit Financial Business, forgery of private documents, fraud of the above investigation documents, violation of the Resident Registration Act, injury, and violation of the Electronic Financial Transactions Act, and the judgment on January 15, 2016 became final and conclusive on May 13, 2015.
[Criminal facts] No person shall transfer any access medium.
Nevertheless, around August 2014, the Defendant transferred the passbook and password of the Agricultural Cooperative Account (D) in the name of C to B, while receiving KRW 200,000 from B, in the vicinity of the Jeonjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, 1-39, 200,000 won.
Summary of Evidence
1. The respective legal statements of the defendant and B;
1. A protocol concerning the examination of the suspect against the defendant (including B/S);
1. E statements;
1. A written petition;
1. A list of transactions of deposits for self-reliance;
1. Previous convictions: References to inquiries, investigation reports (suspects' previous convictions and confirmations), case summary information, and application of each statute of the judgment;
1. Relevant Article 49 of the former Electronic Financial Transactions Act and Article 49 (4) 1 and Article 6 (3) 1 of the former Electronic Financial Transactions Act (Selection of penalty) concerning facts constituting an offense;
1. The reason for sentencing (not subject to the sentencing guidelines) under the latter part of Article 37 of the Criminal Act: (a) is to consider equity in the case of concurrent crimes with larceny for which the judgment became final and conclusive, and subsequent Article 37 of the Criminal Act; (b) the fact that the Defendant committed fraud through the access media that he transferred to B, and that the Defendant has been punished several times due to fraud, etc.; (c) while recognizing the instant crime, the Defendant is in depth divided; (d) there was no record of punishment for the same crime before the Defendant committed the instant crime; and (e) other records of this case, such as the Defendant’s age, sex, environment, motive, means and consequence, etc.