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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
One-person who is the cause of the fraud organization of the fraud organization refers to the false statement that “the account in the name of the victim shall withdraw the money deposited in the account that is being used for the crime and deliver it to the employee of the Financial Supervisory Service” while misrepresenting the victim to have the victim withdraw the deposit and deliver it to the person who instructs the victim. The defendant knew that he is an employee of the Financial Supervisory Service as if he is an employee of the Financial Supervisory Service and receive the amount of damage from the damaged person, and knew that he is responsible for receiving the money from the damaged person.
On December 29, 2016, at a place where a location is unknown, the name-free person assumes the central inspection of the Seoul Central District Court, and calls to the victim D, and “15 copies of a crime have been received due to the opening of a financial account in his/her own name, and the personal information has leaked if not the offender but the offender could cause any other damage, and thus, he/she shall transfer all of the deposited money to the safety account to the Financial Supervisory Service.” This means that the victim brings KRW 30 million in cash, which he/she has withdrawn from the Saemaul Treasury’s account, to the Seoul Yangcheon-gu and the F, Seoul. Around 15:15 on the same day, the Defendant received KRW 30 million from the victim, a document prepared as if he/she was a document prepared by the Financial Supervisory Service, and received KRW 30 million from the victim as if he/she was an employee of the Financial Supervisory Service.
Accordingly, the defendant was given money by deceiving the victim in collusion with the above person who was not the victim of the name.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A fake document of the Financial Supervisory Service;
1. Investigation report (CCTV investigation);
1. Application of the Acts and subordinate statutes governing CCTV image output;
1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.