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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant, around July 18, 2017, at the Defendant’s house located in Gangnam-gu Seoul Metropolitan Government (B) 03, received 15% of the transaction amount from the company bank account (D) account in the name of the Defendant from the Defendant’s office (one person C) and transferred the company bank check (credit number E) that is linked to the above company bank account through Kwikset service articles to the company bank account (one person C).
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. A protocol of seizure and a list of seizure;
1. Each investigation report (No. 8, No. 11 once a year);
1. Detailed statement of transactions with automatic entry and withdrawal of cash (No. 12 times a year), response to accounts A of enterprise banks (no. 21 times a year), bank transaction statement (no. 22 times a year a year), and detailed statement of transactions by account (no. 23 times a year);
1. Application of Acts and subordinate statutes, such as photograph of seized physical cards (No. 6 No. 1)
1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);
1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.
Since the transfer of media with the reason for sentencing is an essential premise for the crime of telephone finance fraud, it is necessary to severely punish the social harm so much, and the check card transferred by the defendant is also used for the crime of telephone finance fraud and several victims have occurred.
On the other hand, the fact that the defendant is both aware of the facts of the crime and is against the defendant, and that there is no particular criminal history except for the punishment once before the case is punished by a fine, and that the criminal record is not the same as that of the case, etc. are considered as favorable
In this context, various circumstances such as the defendant's age, sex, environment, motive and background of the crime, means and result, etc. are considered comprehensively.