Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On November 5, 2019, the Defendant: (a) listened to the statement that he misrepresented a B lending counselor, “it is possible to lend a loan; (b) results of transactions shall be created; (c) if money is deposited in the account, it shall be avoided from transferring it to C account in the name of the political party and then withdrawing it and delivering it to the employee sending our country; and (d) was willing to withdraw and deliver the money deposited in the Defendant’s account in accordance with the direction of the person who was not entitled to the above name, despite recognizing the fact that the said person was willing to use the Defendant’s account to handle illegal money, such as telecommunications-based financial fraud (so-called “Sphishing”).

On the 11th of the same month, a telecommunications-based financial fraud mediation employee in name misrepresents himself/herself with D staff and calls to victims E to “it is possible to grant a loan of KRW 40 million if part of existing loans are repaid.” Accordingly, he/she received from the victim the remittance of KRW 10 million from the victim to the F Association (G) account in the name of the defendant.

The Defendant stated “the same day” in the indictment on November 12, 2019 in order to assist the commission of telecommunications-based financial fraud in committing the above fraud. However, according to the records, it is apparent that it is a clerical error and there is no particular problem to guarantee the Defendant’s right of defense, and thus, it is corrected ex officio without changing the indictment.

13:27 At around 13:30 on the same day, after transferring the amount of KRW 10 million from the above F Association account under the name of the defendant from the above F Association account to the account under the name of the defendant, and withdrawing it at around 13:30 on the same day, and withdrawing cash that was withdrawn from a male who could not know his name in front of the withdrawal was made in the center of the member-gu, Ansan-si, 918 Central Station 2, thereby facilitating the fraud of the employee who committed telecommunications-based financial fraud in the name-based financial fraud.

Summary of Evidence

1. The defendant's legal statement E, each written statement of the police transfer confirmation, and the details of the defendant's account transaction in the FF association account.