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A defendant shall be punished by imprisonment for not more than ten months.
A copy (No. 2) of a seized physical card shall be confiscated.
Reasons
Punishment of the crime
"2019 Highest 1440"
1. On March 2019, the Defendant: (a) received a proposal from a staff member of the telecommunications-based financial fraud (so-called “Singing”) on his/her name known through the website “B” (so-called “Singing”) to send the money to another account known to him/her; (b) he/she would pay 2% of the amount of the money deposited as commission; (c) consented to the proposal; and (d) thereafter, he/she was in possession of a physical card connected to the account in which the amount of the singishing damage was deposited in accordance with the instructions of the above singular box; and (d) expressed that he/she would withdraw it and deliver it to another account.
On March 29, 2019, at around 11:00 on March 29, 2019, the Defendant was transferred 4,600,000 won from the victim to EF account in the name of E (G) on the same day on the ground that “a loan can be made if the existing loan is made in full. A loan may be made if the existing loan is made in full.” On the same day, the Defendant was transferred from the victim at around 12:20 on March 29, 201, by telephone to the victim C, even if the Defendant did not have any intent or ability to provide the loan, even if the Defendant received the money from the victim.”
In order to assist the above victim to commit the crime by acquiring money from the above victim, the defendant received in advance a crow card connected to the above E’s account from the above victim’s false name, and the e-mail card connected to the I bank account under H’s name from the above I bank account (J) at around 13:20 on the same day, the defendant transferred KRW 4,600,000 deposited into the above E’s account under the direction of the above person’s false name to the above H’s account, and facilitate the crime by withdrawing the above money deposited into the above H’s account, and then remitting it to the M bank account under the name of the M bank (N) designated by the deceased.
Accordingly, the defendant committed the crime of fraud against the victim C by the above person without name.