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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The name influor of the crime of fraud committed by a person without a name, the person influor had misrepresented the staff of the investigative agency or financial institution, received money from the victims, and had the victims receive money in advance, and he had the intent to withdraw the money transferred in cash, etc.
On February 14, 2017, the name Buddhistist made a false statement to the victim B, stating that “I may obtain a loan by getting a phone to the victim C’s agent at a place where it is not possible to know the location of the land. I can receive a card equivalent to KRW 16 million from the party, if I will pay it to the bank account designated as the bank. I will be able to obtain a loan by getting credit rating up to the limit.”
However, the name infinite was not the C agent of the Nonghyup, and even if the victim received 16 million won from the victim, there was no intention or ability to increase the credit rating of the victim, or to provide the victim with the loan.
Nevertheless, on February 17, 2017, a person in unsound name was transferred 16 million won to the Agricultural Cooperative Account (D) in the name of A around February 17, 2017 by deceiving the victim and deceiving the victim.
2. Defendant A’s crime of aiding and abetting the fraud was proposed to the effect that “The Defendant would withdraw in cash the money transferred to an account under the name of the party, and then offer the loan to the sender upon the request of the sender.” The Defendant accepted the proposal.
around 10:00 on February 17, 2017, the Defendant: (a) sent a person without a name to the account under the name of the Defendant, and received specific instructions from the Defendant; (b) transferred KRW 16 million to the account under the name of the Defendant, as described in the above paragraph (1) around 10:52 on the same day; and (c) withdrawn KRW 16 million from the account of the company bank to the account of the company bank under the name of the Defendant; and (d) released KRW 16 million from the account of the bank to the account of the company bank; and (e) released KRW 16 million from the account of the company bank to the
Accordingly, the defendant could easily commit the crime of fraud of a person without a name.
Summary of Evidence
1. Statement by the defendant in court;
1. Protocol B of the police statement with regard to B