A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On June 24, 2019, the Defendant: (a) received a proposal from the Defendant’s employee under his/her name and who misrepresented B employees to withdraw the money deposited in the Defendant’s account; (b) had been aware that it was related to the Defendant’s act of licensing; (c) had the knowledge that it was likely to be related to the Defendant’s act of licensing; (d) had the intent to help the Defendant commit the fraud of the said person under his/her name in accordance with the instructions of the said person without his/her name; and (e) on June 25, 2019, notified the said person of the account number of B account (F) in the name of the Defendant (the name E team leader) under his/her name misrepresented by the said C agent (the name E team leader) around June 25, 2019.

On the 20th of the same month, no employee was a B employee, and even if he/she received money from the victim G, he/she did not have the intent and ability to obtain a loan. As such, a false statement was made to the effect that “I would make a loan up to KRW 90 million when he/she redeems an existing loan of KRW 27.5 million” and that “I would make a loan up to KRW 27.5 million” was remitted from the victim to the above account as a repayment of loan around 10:39 of the same month.

On the 26th of the same month, at around 11:00, the Defendant withdrawn KRW 27 million out of the amount of damage deposited into the said account from H H H located in Busan, and exchanged 50,000 won in full at the lower end of the K Bank located in J at the same time and exchanged at the lower end of the K Bank located in the same J, with the full amount of KRW 50,000,000, and was placed to the above K Bank’s neighboring staff under the name of the Defendant.

Accordingly, the Defendant aided and aided the criminal fraud of the staff of Bophishing.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of the Acts and subordinate statutes on financial data replies, certificates of transaction, and Kakao Stockholm dialogues;

1. Relevant Article 347(1) and Article 32(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Assistance and mitigation under Articles 32(2) and 55(1)3 of the Criminal Act