A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

【Criminal Records of Crimes】 On August 25, 2015, the Defendant was sentenced to a suspended sentence of two years on September 2, 2015 by the Seoul Western District Court for obstructing business operations, etc., and the said judgment became final and conclusive on September 2, 2015, and is currently in the grace period.

【Around February 16, 2017, the Defendant received a proposal from a person without the name of the Defendant’s cell phone to withdraw and deliver the money deposited in a deposit account in cash from a person without the name of the Defendant’s cell phone to the person who instructed to do so, to grant a loan of KRW 30 million at a low interest rate of about 4 through 5% per annum, and then notified him/her of the number of community credit cooperatives (C) in the name of the Defendant.

The Defendant had been aware that the loan was already received by the Defendant, and the loan was carried out well-known, and thus, the method of loan to be carried out by the bearers of the name was an emergency, and the account transfer or check payment should not be made, and only cash withdrawal or delivery should be made, and the employees of the financial institution received an order to make a false statement that they would withdraw from the cash under the pretext of the deposit money. In withdrawing a large amount of cash, the Defendant’s employees did not act on behalf of the borrower, and the amount deposited into the account in the Defendant’s name through the process of the Defendant’s attempt not to disclose his personal information may be the amount of damage to the crime of phishing fraud.

I think.

Nevertheless, on February 21, 2017, the Defendant, without the intention or ability to return money, made a false statement to the victim D to the public prosecutor’s office’s investigator or prosecutor by phoneing the victim D, and, on the same day, received the money from the victim to the above Saemaul Treasury account in the name of the Defendant at around 13:45 on the same day, to the effect that “If the money was deposited to the account under the name of the new bank passbook used for the crime and instructed, the Defendant would return it after confirming whether it is illegal.”