A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

No one shall engage in financial transactions under the real name of another person for the purpose of concealing illegal property, money laundering or financing of terrorism, evasion of compulsory execution, or any other evasion of the law.

On March 14, 2019, the Defendant: (a) received a proposal from a person under whose name the Defendant misrepresented that he is a B employee of a lending brokerage company; and (b) received a proposal from the person under whose name the Defendant knew that he is the B employee of the lending brokerage company, stating that “The Defendant shall create a credit rating by making loans difficult, and collect money deposited in the lending lending account up to a maximum of KRW 10 million; and (c) granted the Defendant’s account under the name of the Defendant to use it for the transaction.”

On March 15, 2019, the Defendant: (a) at the F Dong branch located in Asia-si E on March 10, 2019; (b) pursuant to the direction of a person who was unable to receive a statement, the Defendant assisted the Defendant to conduct financial transactions under the real name of another person for the purpose of evading the law by withdrawing KRW 4.5 million out of KRW 5 million deposited in the said account by the telecommunications-based financial fraud victim G, a telecommunications-based financial fraud victim, and delivering the said account to the person who was unaware of the name.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Details of transactions in each account;

1. Application of the Acts and subordinate statutes on dialogue between text messages;

1. Relevant legal provisions concerning criminal facts, Articles 6(1) and 3(3) of the Act on Real Name Financial Transactions and Guarantee of Secrecy, Article 32(1) of the Criminal Act, and choice of imprisonment;

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 for probation and community service order is that the crime of this case is not less light in light of the content of the crime of this case and the circumstances where the victim of scaming was committed, and the defendant was sentenced to one year of suspended execution for six months due to the crime of violating the Electronic Financial Transactions Act, and the judgment on July 17, 2018.