A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 2020, the Defendant, upon receiving a proposal from a telephone financial fraud assistance officer (one named “B agent”) who became aware of the job offer advertisement, was in charge of cash collection measures to receive cash from the victim and deliver it to the online financial fraud assistance officer in the name of the victim, even though he knows that the money received from the victim can be the amount of damage caused by telephone financial fraud.

On May 20, 2020, a member of the telephone financial fraud assistance in the name-free statement made a false statement to the victim C, stating that "a loan can be made at low interest rate, it shall be delivered to a member of the gold source who sent an existing loan because it is possible to repay the existing loan, and if it is possible to lend a loan to the Financial Supervisory Service, it shall be possible to refund the deposit amount of KRW 6 million after deducting 50,000 from the fee after deducting 59,000 won from the interest rate."

However, even if a telephone financial fraud assistance employee receives money from a victim, he/she did not have the intent or ability to make a loan to the victim or to return the money.

On May 7, 2020, according to the direction of an employee of telephone financial fraud assistance in the name of the defendant, the defendant met the victim in front of the D apartment house in Seocho-si, Busan Metropolitan City, but as above, the defendant did not arrest the police officer who was diving upon receiving a report from the victim and attempted to deliver 6 million won in cash to the telephone financial fraud assistance officer.

Accordingly, the defendant assisted and aided the crime of attempted fraud of the person who has not received his name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs;

1. Report on internal history (Attachment to the contents of conversation);

1. Application of Acts and subordinate statutes on results of digital evidence analysis;

1. Criminal facts;