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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[Basic Facts] In general, the telephone financial fraud organization is operated in the form of a high-level organization, such as assuming phone calls from Chinese and other foreign countries without permission, or seeing loans, and it takes part in the role of withdrawing the pertinent amount of damage or remitting the amount without passbook, referring to a “cash withdrawal account,” a “cash receipt and payment account,” a “cash receipt and payment account,” and a “cash transfer account,” which transfers money from cash receipt and money again to another place. The Defendant conspiredd to commit the crime of telephone financial fraud with the Nonindicted Financial Fraud staff, such as taking charge of the role of receiving cash from the victim under the direction of the telephone financial fraud operator.
【Criminal Facts】
On June 3, 2020, a member of the telephone financial fraud assistance in the name-free statement made a false statement to the effect that "if a person obtains a loan from another person under the condition that such loan was not made, it constitutes a breach of contract, and thus, it is necessary to repay in full the loan amounting to 8 million won on the C card." On June 3, 2020, the victim was in possession of 8 million won in accordance with the instructions of the above person under his name in front of the Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul, and the defendant got the victim by deceiving the victim, such as deceiving him as if he was an employee of the Financial Supervisory Service, according to the orders of the above person under his name-free statement, and the defendant was obtained from the victim and defrauded it.
Accordingly, the defendant, in collusion with a member of the telephone financial fraud assistance staff in the name of the defendant, deceivings the victim, and he was obtained from the victim in cash amounting to eight million won.
Summary of Evidence
1. Protocol of the Police Statement concerning B 1.