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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
[criminal history] On June 9, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Special Act on the Prevention of Damage to Telecommunications Finance and the Refund of Damage, etc. at the Jung-gu District Court, which became final and conclusive on June 17, 2016.
[2] The defendant and the defendant, D, E, F, and G knew that the victim H (23 tax) was unable to engage in bank transactions with the passbook in the name of the victim and that the victim was in need of a passbook in the name of another person in order to receive the successful payment of the sales price in commercial buildings from the company in the past. After lending the passbook to the victim, the defendant planned to acquire the proceeds without paying the victim if the successful payment is made in the above passbook, and then the defendant was planned to establish the crime plan; the defendant lent the passbook to the victim and let the victim go to the bank; the defendant lent the passbook to the victim; the defendant moves the money deposited in the passbook in the name of the F to G through the Internet bank; the defendant, C, D, E, and E by withdrawing the money deposited as above; and Eul conspired to acquire the money owned by the victim by sharing the roles of driving D and E.
F is, on March 12, 2015, to pay money to the victim in cash from the National Bank in front of Yeonsu-gu, Yeonsu-gu, Incheon National Bank in Yeonsu-gu, Yeonsu-gu, Incheon on March 12, 2015.
“Along with F’s passbook in the name of F, C was remitted the aforementioned success fee, and C transferred KRW 40 million out of KRW 43 million deposited in the passbook in the name of F to G through Internet banking. G was withdrawn from cash and check to the place where the Defendant, C, D, E, and F was gathered, and D and E were driven according to the need of the aforementioned Defendant’s conduct.
Accordingly, the Defendant, in collusion with C, D, E, F, and G, deceiving the victim as above and deceiving him.