A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

A person who has not received his name (the same day of suspension of indictment) conspired with an unoffendered accomplice to commit a telecommunications-based financial fraud (hereinafter referred to as "scaming"), and subsequently recruited the withdrawal of the money that the victim has remitted to deliver.

On August 12, 2019, at around 13:56, the name-free person misrepresented B Company C’s agent at an unspecified place, and made a false statement to the victim D that “The 8.9% interest may be given. To this end, the existing loan should be repaid first to the designated account and the credit rating should be increased.”

However, in fact, even though the victim was not an employee of the company B, and even though he did not have the intent or ability to pay the loan even if he had paid the existing loan, he had the victim remit 5 million won to the F Bank account in the name of E around August 19, 2019.

On August 16, 2019, the person in poor name, who was unable to make a false statement to the effect that “The person in poor name assumes the agency of G company B at an unspecified place, and would be able to get a substitute loan at an interest rate of 6%. To this end, the person in poor name should first repay the existing loan to the designated account and increase the credit rating.”

However, in fact, even though the victim was not an employee of the company B, and even though the victim did not have any intent or ability to provide the loan even if he/she has repaid the existing loan, he/she had the victim H transfer the amount of KRW 90,000 to the F Bank account (I) in the name of the E on August 19, 2019.

On August 19, 2019, the Defendant, at around 16:32, pursuant to the direction of the person who was unable to receive the above name, deposited KRW 90,00,000, which was remitted by the said victim H from the FF Bank ATM instrument located in the Seo-gu Daejeon District Court, and KRW 5,000,000,000, which was remitted by the said victim D, from the FF Bank account in the above E’s name, and received KRW 1,50,00 in return

Accordingly, the defendant, in collusion with a person who was not the victim, acquired a total of 5.9 billion won from the victims.

(i) the evidence;