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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.
Reasons
Punishment of the crime
At around 09:00 on March 17, 2017, 2017, the so-called scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scams
“The phrase “ was false.”
On the same day, the 43 million won was transferred from the national bank account in the name of the victim to the No. 3 (F) account in the name of the victim, to the post bank account in the name of the defendant, to the 9 million won in the name of the defendant, and 10 million won in the name of H to the Saemaul Treasury account in the name of the defendant.
The Defendant, at around 16:00 on the same day, withdrawn the above nine million won, which was remitted to the post office account in the name of the Defendant, to assist the Defendant with the knowledge of the fact that a member of the singishing organization committed the singishing, thereby taking the money into account from the damaged party. In order to assist the Defendant, the Defendant released the said nine million won, which was remitted to the post office account in the name of the Defendant.
Accordingly, the Defendant was able to easily commit the fraud of the phishing staff.
Summary of Evidence
1. The defendant's legal statement (as at the date of the second public trial, in the case);
1. Statement made by the police against C;
1. Response to a request for financial transaction information;
1. Application of the Act and subordinate statutes to the investigation report (Evidence List 14);
1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 32(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 32 (2) and Article 55 (1) 3 (Accessories) of the Criminal Act mitigated by Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An unfavorable circumstance for sentencing under Article 62-2 of the Social Service Order Criminal Act: the Defendant committed the instant crime again despite three times the record of punishment for violation of the Electronic Financial Transactions Act due to transfer or lending of an access medium, and the Defendant dolusence.