A defendant shall be punished by imprisonment for six months.

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

Criminal facts

By misrepresenting a financial institution, etc., the name-free person infinites the victim with "to lend a loan if he/she redeems an existing loan", and has the victim transfer money from an unspecified number of victims to an account in the name of the defendant, and has the defendant withdraw the transferred money in cash and have the defendant receive it.

On the other hand, on July 30, 2019, the Defendant received a proposal that “work loans can be extended. An identification card and an account number is stamped by photo,” from an unexploited person, and sent the name unexploited person B bank account (C) in the name of the Defendant to a Kakao x.

Accordingly, on August 1, 2019, at around 11:55, the person whose name was omitted entered into a telephone call to the victim D and “E Bank is able to grant a loan of up to 33 million won per annum 10% per annum, and at the same time, the F Bank’s existing loan to the account to be repaid immediately.” On August 5, 2019, the person was transferred from the victim KRW 6 million to the B bank account in the name of the above defendant around 14:47, and around 14:49 on the same day, KRW 5.1 million from the victim.

On August 5, 2019, at around 15:10 on August 5, 2019, the Defendant, in cash, withdrawn KRW 11,100,000,000 from the Defendant’s bank account in front of the B Bank located in G, in cash, and delivered it to the person who has failed to perform his/her name.

Accordingly, the Defendant made it easy for the Defendant to commit the fraud of a person who was unaware of his name.

Summary of Evidence

1. Application of Acts and subordinate statutes concerning the transfer of the police's statement to D's legal statement, the response of the bank, and the Kakao Stockholm dialogue;

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

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant was subject to criminal punishment for the violation of the Electronic Financial Transactions Act and embezzlement before the instant case.