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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Around August 16, 2019, the Defendant received a proposal from a person who was dissatisfy of the name of the telephone financial fraud organization that assumes the employees of B Bank, to the effect that “the Defendant would make a false entry into and withdrawal from the account in the name of the Defendant, puts credit rating, and then get a loan.” The Defendant consented to the proposal and notified the account number in the name of the Defendant, and then, notified the account number in the name of the Defendant to the designated person, and the victim could immediately withdraw the money from the account in the name of the Defendant when the victim deposits the money to the account in the name of the Defendant. However, the Defendant was willing to help the remainder of the urgent loan.
[Specific facts constituting a crime] On August 21, 2019, the name-based victim made a false statement to the effect that “a loan can be made at low interest rate if an existing loan is repaid” while making a telephone call to the victim C at a place where the location is unknown, and then he/she received a remittance of KRW 4,741,436 from the victim to the D Association account in the name of the defendant on the 22th of the same month, and received KRW 4,300,000 from the victim on the 23th of the following day.
On August 21, 2019, the Defendant informed the account holder under the name of the Defendant to the account holder, and from around 22th of the same month to around 23th of the following day, the Defendant withdrawn 6.75 million won out of the amount deposited by the said victim in the G Association located in the Daegu North-gu, Daegu, North-gu, in accordance with the direction of the person who was unable to receive the name, and delivered it to the person designated by the
Accordingly, the defendant, by facilitating the telephone financial fraud crime of a person who has not received a name, assisted it.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Details of transactions, Kax dialogue data, provision of financial transaction information and replies;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant provisions concerning facts constituting an offense;