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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 12, 2017, the Defendant heard that “To obtain a loan by withdrawing money deposited in the account in the name of the Party and delivering it to the employee who sent the money to the Party,” and that he/she would receive a loan on the face of the State,” under the name of the Defendant, who misrepresented “Sit Bank B B” and “C Loan D,” and that he/she accepted his/her proposal, even though he/she was fully aware of the fact that the Defendant was using the Defendant’s account in the name of the Defendant for the commission of the phishing crime.
On February 22, 2017, when misrepresenting the victim E to “F agency of the Agricultural Cooperative Federation”, the Defendant was transferred KRW 18 million from the victim’s bank account in the name of the Defendant on February 22, 2017, by misrepresenting that “a loan would be granted if the existing loan would be repaid, to the account designated by the Republic of Korea as possible, to have the loan borrowed KRW 18 million.”
Thus, the Defendant transferred KRW 18 million deposited in the company bank account under the name of the Defendant at around 13:29 of the same day to the national bank account (H) in the name of the Defendant. On the same day, around 13:54 of the same day, the Defendant withdrawn KRW 18 million deposited in the above national bank account under the name of the Defendant at the National Bank Finance Center located in Busan-dong Busan-dong, Busan-dong, Busan-dong, and around that day, sent out the KRW 18 million deposited in the above national bank account under the name of the Defendant, and thereafter, the Defendant was employed to the employee who sent the “C Loan D” from the 9-gu subway station in the same document subway station around that time.
As a result, the Defendant aided and aided the crime of fraud of the persons without a name by facilitating the crime when he acquires money from the victim as above.
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 on response materials;
1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 32(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62(1) of the Criminal Act 1.