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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The name-free person is a phishing employee who receives money from the victims by misrepresenting the financial institution against the victims who need financial loans, and the defendant assumes the employees of the lending company under the above name-free person's direction and assumes the role of receiving 150,000 won per case from the victims and delivering the remainder to the designated person.
At around 12:51 on March 9, 2020, the person under whose name was not paid the loan to the victim AE by calls from the victim and misrepresenting him/her to the financial institution, and "it is possible to lend the loan up to 32 million won at the interest rate of 6.4 pro rata and the interest rate of 6.2 million won to the ordinary people. However, since the existing loan should not be used as a series of ordinary people, it is possible to execute the loan which was already used in violation of the Financial Act." Upon receiving the direction of the person under whose name was not paid, the defendant sent money to the designated person. At around 18:40 on March 9, 2020, the defendant received at the direction of the person under whose name the loan was not paid, and at around 300,000 won from the "IBK Enterprise's amb.'s 189 on March 9, 2020, it received at around 300,000 won from the victim.
Accordingly, the defendant was given property by deceiving the victim in collusion with the person who was not aware of his name.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The police statement of the E;
1. Application of the Acts and subordinate statutes on internal investigation reports (related to the details of account transactions and the details of currencies), specifications of transactions by account, details of transactions by withdrawing accounts, reports on internal investigation (verification of CCTV images), CCTV images, and response data by financial institutions;
1. To cover Article 347(1) and Article 30 of the Criminal Act, applicable to the facts of crime and the choice of punishment.