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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 2019, the Defendant received a proposal stating that “On the last day of the contact, our company operates a casino in Vietnam, with a large number of its members, the daily limit of KRW 10 million per day of its deposit by its members, is less than KRW 2% of the fee per deposit in lieu of money, the Defendant would receive 2% of the fee per deposit.”
Accordingly, the Defendant had already provided an account under the name of the Defendant twice and had been investigated and has been sentenced to a fine for the crime of Bosing. While recognizing the fact that the person who was unaware of name could be prevented from committing the crime of Bosing through the Defendant’s account, the Defendant consented to the proposal and informed the B Bank (C) account in the name of the Defendant.
On November 1, 2019, when the account number in the name of the defendant was delivered, the singishing assistance employee misrepresented the victim D to the effect that “In order to raise the credit rating prior to issuance of 3.2% per annum, a part of the existing loans shall be repaid to B bank account in the name of B bank account in the name of B bank account in order to raise the credit rating prior to issuance of 3.2% per annum.” On the same day, the victim had the victim remit KRW 6 million to the above B bank account in the name of the defendant at around 14:35 of the same day, and the defendant tried to withdraw the above 6 million won transferred to the above B bank account in the name of the defendant under the direction of the victim in the name of the defendant and deliver it to the non-indicted.
Accordingly, the defendant, by facilitating the fraud of a person who has not received a name, assisted it.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Application of Acts and subordinate statutes on deposit receipts;
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;
1. Article 32(2) and Article 55(1)3 of the Criminal Act that mitigates punishment for aiding and abetting;
1. Article 62 of the Criminal Act: