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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around October 25, 2017, the fraud Defendant stated that “The victim D shall pay 50 million won of the cash loan to his/her father-gu with the wind if he/she misleads his/her father-gu about the guarantee,” and that “the head of the Tong shall not engage in bank transactions with the suspension of transaction, and the head of the Tong shall not engage in bank transactions.” The suspension of transaction would immediately terminate installment savings, and the suspension of transaction would immediately be repaid.”
However, the Defendant was in need of money to be sent to the horses of the winners who appear at the time, and there was no intention or ability to repay the borrowed money by cancelling bank transactions or installment savings.
Nevertheless, if the Defendant borrowed money, the Defendant: (a) deceiving the victim as if he could immediately repay the money; (b) caused the victim to transfer KRW 3 million to the F Bank account (G) in the name of E on the same day; and (c) from that time until October 30, 2017, the Defendant transferred the total amount of KRW 24 million to the victim D and H nine times in total, as shown in the attached crime list, from October 30, 2017.
2. No person who violates the Electronic Financial Transactions Act shall lend the means of access in receiving, demanding or promising any compensation;
Nevertheless, around October 17, 2017, the Defendant accepted a proposal that “a loan is difficult due to low credit rating because of low credit rating, if the credit rating is increased by increasing the transaction performance as if the head of the Tong and the e-mail card were deposited, it is possible to grant a loan.” On October 18, 2017, the Defendant sent one e-mail card connected to the K Association Account (L) under the name of the Defendant at the post office located in the e-mail-dong, Jeju-si, and sent one e-mail card to the address designated by the winners of the e-mail-dong, and sent one e-mail card number, e-mail card number, and password to the cell phone M.
Accordingly, the defendant is expected to get a future loan by raising credit rating through false deposit and withdrawal transactions.