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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 13, 2017, the Defendant: (a) received a proposal from a person without the name of the deceased (hereinafter “B agent”) (hereinafter “B”); and (b) received a copy of the passbook and a statement of entry and exit of the passbook, identification card, and resident registration certificate, and sent the copy of the passbook to B; and (c) sent the photograph thereof to B; and (d) obtained a deposit of KRW 31,50,000 from B in the current account; (b) received a proposal from “B to withdraw the remainder excluding KRW 100,000,000; and (c) received the proposal from “B to transfer to employees,” and accepted the proposal with the intention to commit a fraudulent act.
Therefore, around 10:15 on November 16, 2017, the telephone financial fraud organization in which the above B belongs (the name "C"; hereinafter the "C") calls the victim D to confirm whether the money in the new passbook is related to the crime. It is necessary to confirm whether the money in the new passbook is related to the crime. For this purpose, the money in the account should be sent to the Seoul Central District Court high-tech criminal investigation and F prosecutor.
However, in fact C was not working at the Seoul Central District Prosecutors' Office, and was thought to be used individually by the victim, and the account of the victim was not connected to the crime.
Nevertheless, C received a total of KRW 154 million from the victim to the G bank account (H) in the name of the defendant 14:23 on the same day. From 14:48 to 12:46 on the same day, the defendant, from 14:48 to 14:46 on the same day, withdrawn in cash the total sum of KRW 21,40,000,000 from the telephone financial fraud damage amount, including the above KRW 15,00,000,000,000 from the location of the Sungdong-gu branch, Sungdong-gu branch, Sungdong-gu branch, G Bank, etc. located in Seongdong-gu Seoul.