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A defendant shall be punished by imprisonment for not less than one year and six months.
Seized evidence 2 shall be confiscated.
Reasons
Punishment of the crime
The name-free person misrepresented the OK Savings Bank Counseling Institute D, and made a false statement to the effect that he/she does not have the intent or ability to make an unspecified person to get a loan by putting a telephone to an unspecified person, and, although he/she does not have the intent or ability to do so, he/she is the total liability of the telephone finance organization ordering the account holder who is not aware of the above circumstances to withdraw and deliver the money deposited in the account. The Defendant conspired with the name-free person to deposit and deliver the money received from the account holder in the name of the account into the account instructed by the non-name-free person.
On May 24, 2018, the name Buddhistist stated that “If a victim F residing in Mapo-gu Seoul Metropolitan Government intends to get a loan to the victim, he/she shall have deposited KRW 80 million at an annual interest rate of 8.6% per annum,” and that he/she shall have the victim deposit KRW 10 million into the G Nonghyup Bank Account on May 29, 2018. The Defendant was instructed by his/her name Buddhistist to receive KRW 13:50,000 from G to receive KRW 10,000,000,000,000,000,000 from the other account.” However, even though he/she received a report from G police officers, he/she did not have to arrest him/her.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Copy of the police statement made to F;
1. Police seizure records;
1. 위 챗 대화 내용 법령의 적용
1. Relevant Article of the Criminal Act and Articles 352, 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;
1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the accused was committed by committing a crime; (b) the accused was committed by committing an attempted crime; and (c) there was no criminal conviction in Korea; (d) the accused received and delivered the amount of damage in collusion with telephone financial companies.