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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
C Around September 2010, after receiving money from an unspecified number of victims by means of a named “scam”, “mephishing”, “mephishing”, etc., in Chinese name-free accomplices and from a general account in Korea, the victims transferred money to a passbook held in advance by the victims on the phone and Mescam, etc., the victims take charge of withdrawing the money and delivering it to the above general account, etc., and the Defendant took charge of: (a) around September 2010, by opening a passbook under the name of the Defendant and providing C with the said passbook and cash card despite being aware that C was involved in the above crime; and (b) withdrawing funds deposited in the account under the name of the Defendant in accordance with C according to the direction of C.
At around 10:40 on September 30, 2010, one of the above-mentioned accomplices stated that "the money was withdrawn from the passbook of the National Bank in the name of the EC to the Korean National Bank" while misrepresenting the victim E residing in Daegu-gu by telephone at a non-place, Daegu-gu, Daegu-gu office. The money was transferred from the passbook of the Korean National Bank in the name of the EC to the Korean National Bank if the money deposited in the EC account is transferred to the Korean National Bank due to theft of the name.
However, the above facts were only a member of Bophishing fraud group, not a member of the National Bank.
Defendant, C, and co-offenders in the above name in the name of the Defendant, by deceiving the victim as above, received KRW 5,870,00 from the victim on September 30, 201 and then transferred KRW 14,70,00 from the victim to the Agricultural Cooperative Account in the name of each Defendant on the same day at around 13:39 of the same day. On the same day, the Defendant withdrawn funds received from the Defendant’s account in cash or remitted them to another account, and then divided the profits according to their respective roles.
Accordingly, the defendant conspireds with the above C and the above co-offenders in sequence, and 20,570.