A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

After misrepresenting a financial institution, etc. and receiving money from a victim to an account under the name of the defendant, the person in poor name had the defendant withdraw the transferred money in cash and have the defendant receive it.

On June 20, 2018, the Defendant extended a loan of up to KRW 15 million from a person who was unaware of his name, to KRW 23 million, if the details of transactions are made up to KRW 50 million. Upon receipt of a proposal, “a transmission of identification card and account of passbook by photograph”, the Defendant sent his/her identification card and account of passbook to D message on June 24, 2018.

At around 13:00 on June 19, 2018, the person under whose name the person under whose name the account was named false statement that “I would be a member of the F Bank and would be able to grant a loan. I would have to obtain a loan, which is part of the existing loans, to which I would have to be repaid.” It received KRW 4.2 million from the victim around June 25, 2018 to the bank account in the name of the defendant.

On June 25, 2018, the Defendant, at around 16:14, withdrawn 4.2 million won which the victim remitted to H at the time of influence and delivered to the person under whose name the victim was in cash, in accordance with the direction of the person under whose name the victim was influence.

Accordingly, the Defendant made it easy for the Defendant to commit the fraud of a person who was unaware of his name.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written petition;

1. Deposit sheet, data on bank replies, and details of conversation;

1. Application of the Acts and subordinate statutes concerning the closure of ctv video images;

1. Relevant Article 347(1) and Article 32(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Articles 32 (2) and 55 (1) 3 of the Criminal Act to be mitigated legally;

1. Article 62 (1) of the Criminal Act;

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order, committed the instant crime while being tried for a crime of violating the Electronic Financial Transactions Act, and the instant crime is deemed to facilitate the Defendant’s criminal act of scaming.