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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Reasons
Punishment of the crime
The name-free person is operating a crime organization of telephone financial fraud, which is a telephone financial fraud organization that takes money from victims by misrepresenting the employees, etc. of a lending company or financial institution by calls to many unspecified victims in a false place.
On April 2020, the Defendant accepted the proposal that “When cash is delivered to him without passbook, he will give 2.5 million won per month along with allowances,” and received instructions through the telegram Messenger.
On April 2, 2020, a member in charge of the above telephone financial fraud organization’s name unsatisfy calls to the victim B for a loan of KRW 50 million at the annual interest rate of KRW 80,000. Upon receipt of the card loan, us will make an additional loan after making reimbursement. However, us will not be able to receive a card loan, but she will receive a card loan and will make a settlement of cash to us. He will send an employee in charge of the workplace. He will send an employee in charge of the workplace." This means that she has the victim borrow KRW 19,90,000 from the cash of the victim.
At around 13:35 on April 6, 2020, the Defendant received KRW 19.9 million in cash from the victim, or received KRW 19.9 million in cash from the victim, and around that time, the Defendant deposited the account without passbook into an irregular account by using a third party’s personal information known to the employees in the name of the said electronic financial fraud organization.
Accordingly, the Defendant assisted and aided the crime by facilitating the receipt of cash by a member of the telephone financial fraud organization by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Investigation report (investigation of CCTV moving lines, such as irregular cash collection books, and specification of suspect boarding taxi);
1. The application of the Act and subordinate statutes to the investigation report (report related to the confirmation of the amount of damage).