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A defendant shall be punished by imprisonment for six months.
except that 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
On November 2018, the Defendant received KRW 10 million from a person without his/her name to a personal account for the reduction or exemption of taxes from the Defendant’s account and withdrawn KRW 6 million out of the deposit of KRW 10 million from the Defendant’s account. On August 7, 2019, the Defendant was aware that the Defendant sent a physical card connected to the Defendant’s account and the physical card was used for the crime of singing, without having received the loan, even though he/she was sent to the Defendant’s account and without having received the loan.
On October 2019, the Defendant, upon receiving a proposal from a person who is not aware of his name, informed the Bbank (C) account under the name of the Defendant, that “if the Defendant sells goods, and deposits money into the trust account for tax reduction and exemption, he would give KRW 1,50,000 per case if he withdraws the money.”
Since then on October 3, 2019, the name-in-factist was transferred from the victim 3,90,000 won to the Bbank (C) account under the Defendant’s name on October 13, 2019, on the following grounds: (a) even if he/she borrowed money, he/she did not intend to return it; (b) although he/she borrowed money, he/she did not intend to do so; and (c) he/she did not have any error in receiving money from the victim D; and (c) he/she received money from the victim at around 13:11, 200 won from the victim.
Since then on October 3, 2019, the Defendant transferred the money from the above account to another account of the Defendant, and then withdrawn the money from the ATM device to the other account, and then deposited the money with no passbook using personal information and account notified by the bearer.
As a result, the defendant aided and abetted the crime of fraud of a person who has not received a name.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Details of transfer certificates;
1. The Kakao Stockholm dialogue;
1. B Bank Warrant.