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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
On October 6, 2016, the Defendant was sentenced to one year and four months of imprisonment for fraud at the Cheongju District Court, and the said judgment became final and conclusive on March 7, 2017.
On April 2016, the Defendant conspiredd with G to directly recruit cash cards, etc. used for committing a financial fraud and deliver them to a financial fraud organization, etc., and upon around April 24, 2016, the Defendant: (a) requested a side business advertisement soliciting cash cards, etc. in the daily life information page “H”; and (b) recruited cash cards, etc. from persons reporting and communicating the said advertisement to transfer it to an organization that commits a financial fraud to be used for committing a financial fraud.
1. On April 26, 2016, the Defendant violated the Electronic Financial Transactions Act, along with G, received cash cards and passwords connected to the company bank account (Account Number K) opened in his/her name from G, which reported and contacted the said advertisement at Kimpo-si, Kimpo-si around 13:00 on April 26, 2016, through Kwipo-si Kwikset’s service, and received KRW 80,000 from the non-name of the above day, and opened the said cash cards and passwords.
Accordingly, the defendant transferred the electronic financial transaction access media in collusion with G.
2. On April 26, 2016, the Defendant: (a) posted a false advertisement to the effect that the organization of the crime of false financial fraud committed by G and the Defendant sold a mixture on the Internet NAV and the Korean camera; and (b) received KRW 200,000 from the victim L who contacted with G to commit the crime of fraud; (c) in order to assist the Defendant by transfer the cash card under the name of J, such as paragraph (1) of the said organization of the crime of financial fraud, to facilitate the commission of the crime; and (d) assist the commission of the crime of the said organization of financial fraud.
In collusion with G, the Defendant assisted the crime of fraud by transferring the said cash card to the victims when the financial frauds obtain approximately KRW 7,505,000 from April 26, 2016 to April 28, 2016, as stated in the list of crimes in the attached list of crimes.
b)a summary of the evidence;