A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On October 19, 2016, the name Buddhistist called "the victim C (here, 65 years of age)" by phone to the victim C (the 65 years of age) and forced the victim to inform her of the name of the defendant's agricultural account (D) and to transfer money to the said account.

On October 19, 2016, the Defendant sent the Defendant’s account number to a nameless person who does not know the Defendant’s account number, withdrawn the amount of damage to the victim deposited in the said account and delivered it to the above nameless person. On October 19, 2016, around October 10, 2016, the Defendant withdrawn KRW 30 million from the amount of damage transferred to the Defendant’s account and then delivered it to the nameless person.

Accordingly, a person who is infinites the victim C by deceiving the victim and deceivings the victim KRW 30 million, while recognizing the fact that the above person infinites et al. committed the phishing crime, the Defendant released cash and delivered it to the person infinites, thereby facilitating the fraud of the person infinites.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Search and seizure inspection warrant and reply result;

1. A report on investigation (a suspect telephone statement);

1. Investigation report (the result of tracking an account (the warrant number: 2016-21253));

1. Application of Acts and subordinate statutes to investigation reports (review report of case records);

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

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 62(1) of the Criminal Act (a favorable circumstance among the following grounds for sentencing)

1. The gist of the assertion is that the Defendant, who intends to obtain a loan from a person in an unsound name, must have the details of deposit and withdrawal amounting to at least KRW 30 million in the account of the head of the Tong, and thus, withdraws the amount of KRW 30 million transferred to the Defendant’s account and deliver it to the person in an unsound name.

Therefore, it does not recognize that a person who is not aware of his name commits a crime of fraud.