A defendant shall be punished by imprisonment with prison labor for six members.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 27, 2019, the Defendant received a proposal that “to withdraw money deposited in the account in the name of the Defendant’s name to transfer it to the designated person and deliver it to the designated person” from the telephone financial fraud assistance staff who misrepresented B staff, and received it, and then notified the account in the name of the Defendant (Account Number:D) in the name of the said person.

On October 28, 2019, an employee of the telephone financial fraud assistance in the name of the victim made a false statement to the effect that he/she assumes the “B CompanyF” by putting a telephone to the victim E at an insular place, and that he/she would make a loan at a low interest rate if he/she pays an existing loan,” and that he/she received from the victim a remittance of KRW 4 million from the victim to the said C Bank account in the name of the defendant on October 29, 2019.

At around 16:30 on the same day, the Defendant released 4 million won, which the victim remitted to the G H located in Yeonsu-gu Incheon Metropolitan City, as above, in cash, and delivered it to the I designated by the winners of the above name.

Accordingly, the defendant, by facilitating the fraud of the telephone financial fraud assistance staff, assisted it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect examination of I by the prosecution;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 347 (1) and 32 (1) of the Criminal Act which choose a penalty;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. was punished by a fine for a violation of the Electronic Financial Transactions Act in 2016, and the Defendant committed a crime even though he was aware of the methods of receiving the crimes.

However, damage is not relatively large, and the degree of participation in the crime was limited to aiding and abetting.

After the divorce, the defendant was committed with economic difficulties.

The defendant reflects the crime and the defendant.