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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On April 1, 2018, the Defendant: (a) heard that “a loan is possible to the maximum amount of KRW 100 million by telephone from a person operating a scaming scaming operation; (b) sent an identification card and the front photo of the passbook B bank account to C; and (c) as it is necessary to open a virtual bank account in the name of the principal to D, the virtual currency exchange; and (d) made it known that the authentication number is wrong; and (e) opened a DNA account in the name of the principal.” On the other hand, the Defendant sent the passbook B bank account (E) and the resident registration number transmitted from D to the person who was unaware of the name to the mobile phone; and (b) notified the Defendant of the serial number transmitted from D.
On April 3, 2019 to April 4, 201 of the same month, while misrepresenting the victim G as H bank I by calls and misrepresenting the fact to the victim G from April 3, 2019, it does not have an intent or ability to provide a loan, and it is false to conclude that “a loan of KRW 30 million is possible if a transfer is made to a designated account to increase credit level.” Accordingly, it was remitted from the victim to the above B bank account in the name of the defendant around 18:58, 2019.
At around 19:01 on the same day, the Defendant opened the above KRW 6 million in the name of the Defendant and transferred the above KRW 4,000 to the above virtual account managed by the winners of the name.
Accordingly, the Defendant aided and aided the fraud of a person who was unable to obtain the name, the cause of the singishing organization.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Application of the details of transactions of automation machinery and the results of a reply to a written request for tracking;
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. Help and mitigation: Articles 32 (2) and 55 (1) 3 of the Criminal Act;
1. Suspension of execution: Article 62 (1) of the Criminal Act (i.e., confession, the amount of damage, the circumstances and degree of participation in the crime, and the fact that there is no profit acquired from the crime);