Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a one-person who takes charge of receiving cash directly from the damaged person according to the name of the crime organization, the name of the French, and then delivering the cash to the lighting staff in accordance with the direction of the victim, and then delivering the cash to the staff, by deceiving the prosecution office and financial institutions by misrepresenting the phone to many unspecified victims.

On May 25, 2020, an employee in charge of the crime of telephone financing fraud (Sphishing) 13.5 million won was to prepare in cash, i3.5 million won, i.e., “it is possible to repay 13.5 million won out of the existing loan amount to the extent that it is possible to repay 13.5 million won out of 50% of the existing loan amount.”

At around 15:00 on May 25, 2020, the Defendant, under the direction of the person without the above name, sent the above victim a 13.5 million won in cash to the account designated by the person with the name of the defendant among the above money on the same day, after going through the crosswalk of the Gangnam-gu Seoul Metropolitan Government D apartment E-dong, as if he was an employee of financial institution, and after going through as if he was the employee of financial institution, 13.5 million won in cash was deducted from the victim.

As a result, the defendant was able to facilitate the crime of telephone financing fraud by the above-mentioned person while committing the above-mentioned fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (a CCTV analysis at the scene of crime);

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 347 (1) and Article 32 (1) of the Criminal Act concerning the facts constituting a crime and Articles 347 (1) and 32 (1) of the Criminal Act concerning the selection of punishment;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)6 of the same Act

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;