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A defendant shall be punished by imprisonment for six months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Reasons
Punishment of the crime
On November 2019, the Defendant: (a) received a proposal from an employee of Singing on the name of the Defendant, “To lend a loan by raising credit rating by making a transaction performance; (b) withdrawing money deposited in a new account to the person designated by the Defendant; and (c) previously received suspension of indictment for a violation of the Electronic Financial Transactions Act in relation to the singing fraud; (d) inasmuch as there was the record of having been suspended of indictment on the part of the case related to the singing fraud, the Defendant collected money deposited in the Defendant’s account with the knowledge that he would want to use the Defendant’s account for the singing fraud; and (b) received the money from the Defendant’s account
On December 2, 2019, the name-free person misrepresented the victim B by telephone to the victim B, and made a false statement that "if the existing loans are repaid, it would give a low interest rate loan to the Government."
However, in fact, the name-oriented person was not an employee of the financial institution, and there was no intention or ability to provide loans to the victim.
On December 3, 2019, the name-free person was transferred from the victim the sum of KRW 10 million to the D account (E) in the name of the defendant on two occasions.
On December 3, 2019, according to the direction of the person who was unable to receive his name on December 3, 2019, the Defendant was trying to move to the closing point of the G Union located in Seo-gu, Seo-gu, Gwangju and to withdraw the above KRW 10 million.
Accordingly, the Defendant, by facilitating the attempted attempted fraud of the personnel engaged in the name phishing phishing operations, assisted the Defendant.
Summary of Evidence
1. Partial statement of the defendant;
1. Each statement of H and B;
1. Application of Acts and subordinate statutes in the form of a written request for suspension of payment, copy of passbook, processing table of 112 reported cases, details of passbook, investigation report (related to Canadian dialogue data), and financial fraud prevention check sheet;
1. Relevant Article 352 of the Criminal Act, Article 347 (1) and Article 32 (1) of the Criminal Act concerning the crime;
1. Assistance and mitigation under Articles 32(2) and 55(1)3 of the Criminal Act