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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On September 5, 2019, a person who was named in the cause of the fraud aiding and abetting organization against the victim B made a false statement to the effect that “C Bank is a bank. It is possible to grant a loan up to 62 million won at an annual interest rate of 6.2% if all of the existing D’s annual interest rate of 8.5% loans are repaid to the victim B(64 years old).”
However, in fact, since the purpose of deceiving the victim by deceiving the victim through the Bophishing method, there was no intention or ability to lend 62 million won at a low interest rate even if the victim received cash from the victim as a repayment of the loan.
Nevertheless, the person under whose name the victim was unawareed as above, and was transferred to the E-bank account (F) in the name of the defendant on the same day from the victim.
Around September 2019, the Defendant knew that his account was used for the crime of Bosing as above, notified the account holder under his/her name to the above E-bank account. On September 5, 2019, the Defendant deposited KRW 18 million with the above E-bank account. On the same day, the Defendant withdrawn it in cash and delivered it to the account holder under his/her name on the street prior to the Songpa-dong 19-8, Songpa-gu, Seoul.
As a result, the Defendant aided and abetted the crime of phishing fraud by a person who has not obtained his name.
2. On September 5, 2019, a person who was unaware of the name of the organization causing fraud assistance to the victim G made a false statement to the effect that “it is an E bank. If an existing H H’s loan is fully repaid at a 5.6% per annum, a loan may be granted up to 56 million won per annum.”
However, in fact, since the purpose of deceiving the victim by deceiving the victim through the Bophishing method, the victim's intention or ability to lend 56 million won at a low interest rate even if he receives cash from the victim as a repayment of the loan.