Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
【Criminal Facts】
On September 27, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court (Seoul Northern District Court) and the judgment became final and conclusive on November 29, 2019.
[전제사실] 보이스피싱 조직원인 성명불상자는 불특정 다수의 사람들에게 전화를 걸어 금융기관을 사칭하며 ’일부 대출금을 상환하면 무담보로 대출을 해주겠다‘는 등으로 피해자들을 기망하여 피해자들로부터 금원을 편취하려 하였고, 피고인은 2019. 1. 초순경 ‘위챗’ 어플을 통하여 알게 된 보이스피싱 조직원인 성명불상자로부터 피고인 명의 B조합 계좌(C)로 입금되는 돈을 현금으로 인출하여 환전소를 통하여 중국으로 보내면 30만 원을 주겠다는 제안을 받고, 과거 전자금융거래법위반죄로 벌금 300만 원을 선고받은 적이 있어 보이스피싱이라는 사실을 알면서도 위 제안을 승낙하였다.
【Criminal Facts】
On January 11, 2019, the name omitted of the Organization of Bosings made a false statement to the effect that “A bank would make a loan free of security if an existing loan is repaid” by phone call from the victim D, and that “A bank will make a loan free of security” was remitted from the victim to the Defendant’s Association account in the name of the Defendant. On January 13: 13, 2019, the Defendant, according to the above proposal, deposited KRW 20 million from the victim on January 13:13, 2019, in cash and remitted the money deposited from the victim on January 13, 2019 to the “general book” of China through the money exchange office.
As a result, the Defendant provided the Defendant’s account to the Bosing Organization with an account opened in the name of the Defendant, received the money from Bosing and wired it to the Bosing Organization through the money exchange station, thereby facilitating the fraud of the Bosing Organization.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning D and G;
1. Details of account transactions, respectively;