Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer any access medium to another person in using or managing any access medium;

On April 7, 2013, the Defendant: (a) heard the speech that the Defendant would transfer a financial account from a person in distress of his name at a closed bus terminal located in Geumjin-gu, Geumdong-gu, Geumdong-gu; and (b) transferred the access media by sending the cash card, which is an access media connected to the Defendant’s bank account (C) to the Defendant’s name in hand, via a hand-to-face delivery.

2. On April 7, 2013, the Defendant: (a) knowingly known that a person who was unaware of his/her name was aware of the fact that he/she was using the access media received as indicated in paragraph (1) for committing fraud, the Defendant transferred the said access medium.

On April 8, 2013, the person whose name was not the victim D, the victim E, the victim F, the victim G, and the victim H, transferred the sum of KRW 90,000 to the above account in the name of the defendant under the name of the price for the goods from the victim D, the victim E, the victim F, the victim G, and the victim H, who had registered the above posts on the same day and reported it on the same day.

As a result, the Defendant, by means of transferring the access media under his name so as to facilitate the fraud of goods by a person without a name.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each written statement of G, D, F, and E;

1. Application of statutes, such as details of each transfer account;

1. Article 49(4)1 and Article 6(3)1 (a) of the former Electronic Financial Transactions Act (amended by Act No. 11814, May 22, 2013) on criminal facts; Articles 347(1) and 32(1) of the respective Criminal Act on criminal facts

1. Selection of an alternative fine for punishment;

1. Article 32(2) and Article 55(1)6 of the Criminal Act that provides mitigated relief (with respect to aiding and abetting fraud),

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act to attract a workhouse;