Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Criminal facts

[criminal records] On November 20, 2015, the Defendant was sentenced to a suspended sentence of three years for one year and six months, and the judgment became final and conclusive on November 28, 2015, for a violation of the Punishment of Violences, etc. Act (a collective crime, deadly weapon, etc.) in the Daegu District Court’s support.

[2017 High 163] On August 14, 2015, the Defendant visited D Hospital located in Ansan-si C with a cell phone plicker, and reported the purchase of SD cards that the victim E posted, and the fact was not holding SD cards, thereby receiving money from the injured party.

even delivery of the goods

Despite the absence of intent or ability to reduce the amount of goods, a false statement was made to send SDR cards to the victim, and it was transferred 23,000 won as the price of goods to a new bank account (number:F) in the name of the defendant on the same day from the victim.

Accordingly, the defendant was given property by deceiving the victim.

[2017] No person shall issue a transaction instruction in electronic financial transactions or transfer any access medium used to secure the authenticity and accuracy of users and the transaction details to another person, except as otherwise expressly provided for in other Acts, in return for promising the receipt and payment of consideration.

On June 2015, the Defendant transferred the passbook and physical card, which is a medium of access to the electronic financial transaction of the bank account in his/her name, to H from the influenc City of Daegu (Seoul) on the date of June 2015.

Summary of Evidence

[2017 High Court Decision 163]

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E’s written petition (2017 high order 164);

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A detailed statement of the electronic financial counterpart account (the criminal records as stated in the judgment);

1. Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the Criminal Act (the fraudulent point), Article 49(4)1, and Article 6(3)1 (the transfer of access media) of the Electronic Financial Transactions Act (the transfer of access media).