A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a person working as a cleaning service worker.

On December 17, 2018, the Defendant accepted the proposal that “I will withdraw the money to pay the money to a new account and deliver it to the employee who sent the money to Korea,” from the name-free person who misrepresented the borrower’s staff.”

First, on December 17, 2018, an employee of the “scaming” in his name refers to a false statement to the effect that “AC Bank D is a D agent, as loans are possible at the interest rate of 3.3% at the time of repayment of existing loans, and thus a transfer is made to an account giving instructions for the payment of existing loans.” On the same day, the employee received 10 million won from the victim F to the C bank account in the name of the Defendant on the same day, including remittance of KRW 5.5 million from the victim F, and KRW 23.5 million from the victim G.

Since then, the Defendant knew that the money deposited in the Cbank account in the name of the Defendant was not the money normally acquired, at around 10:04 on the same day, withdrawn KRW 10 million from the C Bank Receipt Station located in Gangnam-gu Seoul Metropolitan Government H, and around 11:28 on the same day, at the C Bank J branch located in Songpa-gu Seoul, Songpa-gu Seoul, and delivered it to the person designated by the winners of the name.

As a result, the defendant aided and abetted the crime of a person without a name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to B, F, and G;

1. The K's statement;

1. Application of Acts and subordinate statutes, such as gold certificates and liquid list;

1. Relevant Article 347(1) and Article 32(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment with labor;

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 of the Criminal Act of the community service order is the defendant replacing the crime.