Text
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 September 22, 2016, the Defendant: (a) received KRW 1 million from the needy; and (b) delivered one copy of the physical card connected to the Defendant’s name bank account (C) and the new bank account (D) to the Nonindicted Party, respectively, at a high-speed bus terminal located in Seoul Special Metropolitan City, distribution dong; and (c) transferred one copy of the physical card to the Nonindicted Party, respectively.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to remittance statements;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the Defendant receives the consideration and transfers the approaching medium, and that the Defendant’s transfer of the approaching medium was used for the phishing crime.
On the other hand, the fact that the defendant reflects the mistake, and that the defendant does not have any record of punishment for the same crime is favorable.
In addition, the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, the number of access media that the defendant transferred, the profits acquired by the defendant, the motive and circumstances of the crime, and the circumstances after the crime, shall be determined as the sentence as ordered.