A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On July 14, 2015, the Defendant was subject to a disposition by the Daejeon District Prosecutors' Office to commit an offense of violating the Electronic Financial Transactions Act at the Daejeon District Prosecutors' Office, and on March 24, 2016, the Defendant was aware of the same offense.

Nevertheless, the Defendant, on August 2018, received a proposal from a person under whose name the Defendant misrepresented him as a member of a lending company, stating that “The Defendant would withdraw the money from a lending brokerage company B, if the account number is known, and would offer a loan to B by delivering the money.” The Defendant, despite being aware that the said proposal could have been able to assist the Defendant in committing the scaming crime, accepted the proposal and notified the C bank account (D) in the name of the Defendant.

On August 14, 2018, an employee under the name of the Minister of Information and Communication called the victim E at a non-place and called the victim E and used for fraud after opening the card by stealing the victim’s name. In order to prove that the victim was not related to the crime, the employee made a false statement to the purport that deposit money to the account notified by him/her is to confirm the relevance of the crime and return it to the victim. On August 14, 2018, the employee received KRW 17 million from the victim to the C bank account in the name of the Defendant on August 15, 2018.

On August 14, 2018, the Defendant: (a) at the G Association H branch located in the Government-SiF around August 14, 2018; (b) deposited KRW 17 million in the account in the name of the Defendant in cash; and (c) deposited KRW 13 million in a check; and (d) delivered the account to the party in whose name the Defendant was named.

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. The investigation report by the police on the defendant's partial statement E (Submission of the suspect A's account statement) by the police's statement transfer receipt, and the I conversation closure.