Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall transfer a medium of access under the Electronic Financial Transactions Act.
1. On September 2014, the Defendant would offer money from a person under whose name the Defendant came to know through a “Africa TV” on the Internet broadcast website.
Upon receipt of the notice to the effect that “,” was sent from a bus terminal located in Seocho-gu, Nam-gu, Seoul Special Metropolitan City on September 2014, 2014, the body card, passwords, and security cards connected to the Defendant’s name bank account (B) are sent to the Nonindicted Bank account in the name of the Defendant via bus board, and in return, the sum of KRW 3 million was deposited into the Agricultural Cooperative account in the name of the Defendant three times from September 12, 2014 to November 8, 2014.
Accordingly, the Defendant transferred the access media under the Electronic Financial Transactions Act.
2. On April 15, 2016, the Defendant: (a) received money in return for transfer of access media to a person without his/her name using the same method as the foregoing paragraph; (b) on April 2016, the Defendant sent a camera, a security card, to a person without his/her name, via a bus-based service, on which the body card, password, and password connected to the Defendant’s bank account in the name of the Defendant or C (D) from a bus bus terminal outside the passenger service; and (c) received KRW 4 million on April 15, 2016 from the Defendant’s agricultural bank account in the name of the Defendant.
Accordingly, the Defendant transferred the access media under the Electronic Financial Transactions Act.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspect C by the police;
1. Application of Acts and subordinate statutes on deposit transactions and details of each account transaction;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Selection of a selective fine for punishment (the fact that there is no past record of the same kind of crime, the fact that the person misleads him/her and reflects his/her attitude, and the balance of the general amounts of punishment in the same and similar cases
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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Criminal Procedure Act of the Provisional Payment Order.