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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On November 24, 2016, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) in the Goyang Branch of the District Court, and the said judgment became final and conclusive on December 2, 2016.
On August 28, 2016, the Defendant: (a) received communication from an unspecified number of victims, that “I would receive money in lieu of the head of a Tong and pay 10% of the amount as a commission,” and accepted it for the purpose of receiving a fee, from the name and influence of the organization’s “Sishing,” called “I will receive money in lieu of the head of a Tong, and will pay it as a commission.”
Accordingly, on August 29, 2016, the name influench of the organization “Sishing” assumes the intention to provide a loan to the victim B by misrepresenting himself/herself and making a phone call to the victim B, and despite the absence of the intent or ability to provide a loan to the victim, the organization “it is possible to provide a loan through the Mbner passbook, but it is possible to pay money even if there are a lot of debts at present.” The organization receives 16,000,000 won from the damage to the bank account (C) of the name of the defendant on August 29, 2016, from 00,000 won from the national bank account under the name of the defendant d on August 30, 2016 to 00,000 won in total, 000,0000 won in the new market entrance at the same 20-day,000,0000,0000 won in each of the above apartment units at its own account.
Accordingly, the Defendant provided his account to be used for the crime of phishing fraud, and made it easy for the Defendant to commit the crime of phishing fraud by withdrawing part of the amount of the phishing fraud transferred to his account in cash and delivering it to the person with no name.