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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 12, 2019, the Defendant was sentenced to six months of imprisonment for fraud, etc. in the Suwon District Court's Ansan Branch, and the judgment became final and conclusive on July 20, 2019.
1. No person who violates the Telecommunications Business Act may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator, or provide such services for communications;
Around February 14, 2019, the Defendant received a proposal from a person without his/her name on the Internet website to provide KRW 20,000 won for the opening of the first instance trial, and consented thereto. After preparing documents necessary for the opening of the first instance trial from the “DPC bank located in Nam-gu Incheon Metropolitan City,” the Defendant sent them to the Kakaox on February 14, 2019, and sent them to the CE (E), “G” (H), “I (TelecommunicationsJ), February 15, 2019,” “K (Telecommunications)” (Te on February 16, 2019, “M” (N) on February 18, 2019, and “N” (N) on February 25, 2019, and received the name of the person with his/her name “N (N)” (N) on February 25, 2019.
Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.
2. On March 13, 2019, the name inferer who is the cause of the telephone financial fraud organization, by phone call from the victim RR and misrepresenting him/her to the victim, and by falsely concluding that “a loan applied may only be repaid with government-funded goods only if it is possible to repay the existing loan.” Accordingly, the victim acquired it by deceiving the victim to transfer KRW 3.5 million to the Defendant Tbank account (U) around 13:56 on March 13, 2019.
When the Defendant, as such, provided his account to assist the Defendant in committing a telephone financial fraud as above, and withdrawn 3.5 million won from a X bank located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon on March 21, 2019 to the above account on March 21, 2019, and sent out by the bearers in the vicinity.