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[Defendant A] Defendant A shall be punished by imprisonment with prison labor for ten months.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Defendant A
A. On December 2016, the Defendant accepted a proposal to the effect that “The Defendant would pay 6% of the withdrawn amount at the expense of receiving the passbook and e-mail card from the account in which the amount of damage to the Bosing criminal was transferred, using the passbook and e-mail card from the Kwikset Service Articles, and then withdraw cash to the account designated by the Defendant,” with the intention that “The Defendant would pay 6% of the withdrawn amount at the expense if it was remitted to the designated account.”
In order for the victims to transfer money from an account under the name of a third party (hereinafter referred to as "one-person passbook") by misrepresenting the employees of financial institutions to many unspecified domestic victims, and by making a telephone, the employees of the Defendant conspired with the Defendant to commit the singishing crime by receiving cash delivery from Swikset service articles and withdrawing cash using the passbook and the sing cards connected thereto, and then remitting it to the designated account.
On January 6, 2017, the employee of the commission of the above phishing crime committed a false statement to the effect that he calls the victim F to the victim F at a closed place, and misrepresents him to the effect that “I transfer the guarantee insurance premium of 30,000,000 won to the party”, and that he, at around 17:20 of the same day, transferred KRW 360,000 to the post office account (Account Number I) in the name of H, around 11:49 on January 7, 2017, KRW 1,816,272 to the new bank account (Account Number K), KRW 20,000 to the national bank account in the name of B (Account Number L), around 14:00 on January 9, 2017, by taking the total of KRW 20,000 to the national bank account in the name of H (Account Number).
Accordingly, the defendant, in collusion with a person who is not a name, acquired the above 4,576,272 won from the victim.
(b) No person who violates the Electronic Financial Transactions Act shall borrow or lend, store, deliver or distribute access media with the knowledge that such media is to be used for a crime or to be used for a crime;
(i)..