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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On November 26, 2015, the Defendant was sentenced to eight months from the Changwon District Court for aiding and abetting fraud and violating the Electronic Financial Transactions Act, and the judgment became final and conclusive on December 4, 2015.
On March 2015, the Defendant received a request from B (an indictment for non-detained) to prepare a presidential passbook, which is the one for soliciting the head of the Tong.
On March 21, 2015, the Defendant transferred the electronic financial transaction access media by transferring a passbook and a check card connected to the Busan bank account (D) in the name of C, which was acquired in advance to B from the influence area of Busan Northern-dong, Busan-do.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. A protocol concerning the examination of suspect of each police in relation to C or B;
1. Statement made by the police for E;
1. Search and seizure inspection warrants and replies of the result of execution of warrants;
1. Previous records: Inquiry into criminal records, each written judgment, and application of statutes to search and output of a net case;
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. Subsequent to Article 37 of the Criminal Act on the Handling of Concurrent Crimes: Provided, That Article 39 (1) (the punishment shall be mitigated in consideration of the equity between aiding and abetting fraud as decided by the judgment and concurrent judgment with the offense of violating the Electronic Financial Transactions Act);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;