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Defendant
A and B shall be punished by imprisonment with prison labor for eight months, and by imprisonment with prison labor for six months.
However, against the Defendants.
Reasons
Punishment of the crime
[criminal history] Defendant A was sentenced to the suspension of the execution of six months of imprisonment with labor for a violation of the Electronic Financial Transactions Act on January 15, 2016 and the judgment was finalized on June 17, 2016. Defendant B was sentenced to the suspension of the execution of imprisonment with labor for six months at the Incheon District Court on June 18, 2015 and the judgment was finalized on June 26, 2015.
[2] The Defendants, H, and I knew the fact that the victim J could not engage in a bank transaction with the passbook in the name of the victim as the bad credit holder, and the victim was in need of a passbook in the name of another person in order to receive the payment for the success in the sale of a commercial building from the company in the past. After lending the passbook to the victim, H planned to acquire the proceeds without paying the victim if the successful payment is made in the above passbook, and H was planned to establish the crime plan; Defendant C lent the passbook to the victim and entice the victim into the bank; Defendant C has the role of transferring the money deposited in the passbook in the name of Defendant C to Defendant D through Internet banking; Defendant D has the role of withdrawing the money deposited in the passbook in the name of Defendant C through the Internet bank; Defendant D has the role of receiving the money from the Defendants, H, and I to the place where the Defendants, and I were gathered; and I and Defendant B have the role of driving the passbook.
Accordingly, Defendant C would immediately withdraw money from the bank in cash and pay it to the victim in front of the Yeonsu-gu Incheon Metropolitan City National Bank in Yeonsu-gu, Yeonsu-gu, Incheon, on March 12, 2015.
“Along with the receipt of the aforementioned successful remuneration under Defendant C’s name, Defendant A transferred KRW 40 million out of KRW 43 million deposited in the passbook under Defendant C’s name to Defendant D’s passbook through Internet banking. Defendant D deposited KRW 40 million in cash and check, and Defendant D deposited KRW 40 million in cash and check.