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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
On March 25, 2019, the Defendant listened to the statement that “A loan is available, and results of transactions need to be created. If the account number is known, the Defendant will be prevented from withdrawing the money deposited in the company’s money and delivering it to the employee sending our account.” The Defendant was willing to withdraw and deliver the money deposited in the Defendant’s account in accordance with the instructions of the person without the name, even though the Defendant was aware of the fact that the said person without the name was trying to use the Defendant’s account in order to handle the money illegally acquired, such as telecommunications-based financial fraud (hereinafter “Sphishing”).
A telecommunications-based financial fraud assistance employee in name misstatements to the victim C by misrepresenting the staff in charge of B bank loans around 14:24 on the 25th of the same month, and calls to the victim C for a false statement that “A loan may be made up to 44 million won at a low interest rate of 4% if part of the existing loan is repaid.” Accordingly, the victim received KRW 1,313,00 from the victim to the D Association account in the name of the defendant.
In order to assist the commission of telecommunications-based financial fraud in committing the above fraud, the Defendant, at around 14:32 on the same day, withdrawn in cash the above KRW 13 million from the outside of the outside of the outside of the outside of the outside of the outside of the branch of the G Union located in the Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of 50,000,000,000,000,000,000,000,000,000 won, was transferred from the outside of the outside of the outside of the building of the branch of the IF located in Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si, the Defendant, at around 17:33 on the same day, aided and abetted the commission of the fraud of the telecommunications-based financial fraud organization in the name of Si of Si of Si of Si of Si of Si, by facilitating the commission.
Summary of Evidence
1. Statement by the defendant in court;
1. The police statement of C, N, andO.