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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Telecommunications-based financial fraud (one-person) is an organized crime with various stages of organization, such as “total liability” that plans and instructs a total crime, “lives” that deceives and threatens a victim, “lives” that solicits and delivers cash cards or cash accounts, etc., “lives and transfers” that the victims have transferred at the cash payment machine or bank counter, “lives” that withdraws or directly receives cash transfers from the cash withdrawal book, “lives of cash delivery” that deliver cash transfers to the domestic or foreign total books, and “lives of remittance” that transmit deposited criminal proceeds.
On February 2, 2019, the Defendant: (a) proposed that “it will not be an original loan, but it would be possible for the Defendant to make a loan by manipulating the amount of the loan as if the annual salary was made up of the loan by accumulating the specification of transactions; (b) if the account number is notified, the Defendant would deposit the company’s money and receive and deliver the money; (c) provided that the Defendant, despite being aware that the said proposal could have been engaged in the singishing crime, was aware that he/she would have attempted to do so; and (d) notified the C Bank account (D) in the name of the Defendant.
1. On February 7, 2019, the Defendant’s account was informed to the victim E by telephone at a non-bank location, stating that “The Government is possible to grant a loan by means of government-funded funds.” On February 12, 2019, a false statement was made to the effect that “the payment of existing loans is made in the account known to the victim.” On February 12, 2019, the Defendant informed the victim of the fact that “the F Bank Legal Affairs Account was known to the victim and repaid KRW 11,100,000,000,000,000,000 won.”
However, the above-mentioned incentive was the intention to commit the singishing fraud, and there was no intention or ability to normally provide the loan to the victim.
The above-mentioned incentive for the name is as above.