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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On May 16, 2019, the Defendant in violation of the Electronic Financial Transactions Act received a proposal from a non-dissipant of his/her name, stating that “The Defendant will pay KRW 5-200,000 to the face-to-face payment for the withdrawal of cash by receiving the check card.” On May 16, 2019, the Defendant received one copy of the C Bank C Bank C Bank C Bank C Bank C Card (D) in the name of the non-sipant of his/her name from the non-sipant of his/her name at the Suwon bus Terminal located in the name-to-face 270, and kept one copy of the C Bank C Bank C Bank C Bank Card (F) in the name of the non-sponist of his/her name at around 13:00 on May 17, 2019, and kept one copy of the C Bank C Bank C in the name of the non-sponant of his/her name in the name-to-face of G.
Accordingly, the defendant has kept the means of access in promising each other to make compensation.
2. The Defendant, upon receiving a proposal from a person with no name, received the proposal that “I would give 5 to 200,000 won as an allowance for withdrawal of cash by receiving a check from the person with no name,” and then, accepted it. The Defendant, as described in paragraph 1, withdrawn the money deposited in the collected physical card and received the money in the way of delivering it to the person with no name.
On May 2, 2019, the name-freeist person misrepresented himself/herself as a bank staff to the victim K and made a false statement that "a loan would be made at low interest if an existing loan is repaid," and he/she received 3,234,600 won from the victim's account in I's name at around 18:13 on May 22, 2019, and 9,000,000 won from the Mbank account in L's name at around 19:59 on the same day.
The Defendant’s act was recognized or sufficiently recognized that the Defendant’s act was a refund of the singishing crime, such as, before withdrawing money according to the instructions of the persons without the name of the deceased on the same day, and the person without the name was suspected of being a member of the singishing organization of the Joseon-do, and finding an article related to the singishing crime through Internet search at the nearby PC.