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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
【Criminal Power】 On June 14, 2019, the Defendant was sentenced to a suspended sentence of ten months for the crime of aiding and abetting fraud at the Jung-gu District Court, and the said judgment became final and conclusive on May 2, 2020.
The indictment of this case does not contain a statement of the final judgment, but it is favorable to the defendant, and the examination of evidence of the above judgment has been completed. Thus, the final judgment of this case ex officio is recognized as concurrent crimes under the latter part of Article 37 of the Criminal Act without any changes
【Criminal Facts】
1. On April 8, 2019, an employee of the “scaming” under the name of the victim B, who was named as the name of the fraudulent assistance in the victim B, said employee was false to the victim B, “a member of the CF is a member of the CF. 85 million won may be loaned at a rate of 3.2% per annum. Accordingly, the employee sent money to the victim B at a rate of 3.2% per annum.”
However, in fact, the person who was not a member of the CF was not a member of the CF and there was no intention or ability to lend KRW 85 million even if he received the compensation from the victim.
On April 8, 2019, at around 13:15, 2019, the person under whose name the victim was accused by deceiving the victim, and caused the victim to receive 28 million won from a bank account under the name of the defendant (E) and defrauded it.
On April 8, 2019, the Defendant may loan KRW 10 million at an interest rate of KRW 6.9% from a person who was killed in the name of the first police officer (the misrepresentation of the FF bank staff). If the transaction performance is to be created and money is deposited into the account, the Defendant collected the money and delivered it to the employee. As above, upon the Defendant’s request, the Defendant committed the crime by facilitating the Defendant’s act of aiding and abetting “Sing” in order to assist the Defendant, even though he was aware of the fact that the person who was unaware of the name intended to commit the crime by deceiving the money from the victim, the Defendant was aware of the fact that he was to commit the “Singing” fraud in the name of the FF bank’s military branch in Gwangjin-gu Seoul Special Metropolitan City, by withdrawing KRW 26 million out of KRW 28 million, which was deposited into the said D Bank’s staff.
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