A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On July 9, 2018, the Defendant received a proposal to the effect that “The Defendant would deposit the funds of the employees of the company into the current account, but will withdraw it and deliver it to our employees,” from a person who misrepresented the director of the lending company B.

However, since the Defendant was declared bankrupt at the time, it was impossible to obtain a loan from a financial right itself. “The C Card under the name of the Defendant was transferred to a person who was under the name of the Defendant on June 201, and was used for the crime of Bosing,” and was investigated by an investigation agency. “The C Account’s passbook and cash card was used for the crime of Bosing, in the name of the Defendant, transferred to a person who was under the name of the Defendant on July 10, 2013,” and was indicted by the investigation agency and was issued a summary order of KRW 1 million at the Daejeon District Court on May 8, 2014, and the Defendant did not verify at all about the authenticity of the above proposal, such as whether the head of the B was an employee belonging to any business, whether the business actually existed, where the location of the company actually exists.”

Therefore, the defendant accepted the above proposal even though he recognizes the fact that the withdrawal of the money whose body is unknown and the transfer of the money to the needy person in cash can be the amount of damage caused by the crime, such as Bophishing, etc.

On the other hand, at around 10:00 on July 9, 2018, the above-mentioned person made a false statement to the effect that "B is the prosecutor of Seoul District Prosecutors' Office, which is currently suspected of financial fraud, cooperates with investigation, and if we deposit money to the account designated by our country, you will protect funds." The above-mentioned person was remitted KRW 40 million from the victim to the F bank account (G) in the name of the defendant around 13:05 on the same day.

The Defendant, at around 14:00 on the same day, letters of the F Bank located in H in Jung-gu Incheon Metropolitan City, Jung-gu, in order to assist the Defendant in committing the crime of those who received the above false names.