A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On September 30, 2014, the Defendant was sentenced to the suspension of indictment for the violation of the Electronic Financial Transactions Act at the Incheon District Prosecutors' Office on September 30, 201, and was sentenced to a summary order of KRW 1 million for the same crime at the Seoul East East District Court on January 5, 2017.

On July 12, 2018, the Defendant received a proposal that “the Defendant would recover the money deposited in the savings bank’s account and deliver it to the savings bank’s employees by finding out the money deposited in the bank’s account and the party’s account” while providing a loan counseling through a false name or telephone who misrepresented the staff of the savings bank.

Accordingly, the Defendant had already been used in the phishing crime and had experience of being punished by a fine by an investigative agency after being investigated by the Defendant, and confirmed that the account holder was not working for the phishing business by phone call with the representative number of savings bank, and thus, the Defendant accepted the proposal while recognizing the fact that the phishing person could be prevented from committing the phishing crime through the Defendant’s account, and notified the B Association account in the name of the Defendant.

Meanwhile, from July 9 to July 13, 2018 to July 13, 2018, the Defendant sent the victim’s cell phone payment guidance word falsely to the victim’s cell phone, and reported the victim as if reported to the National Police Agency Cyber Investigation Team, and again, the Defendant misrepresented the victim into the victim’s cyber investigation team and Seoul Central Inspection Team, and used it for fraud by phoneing to the victim, “The account was opened in the name of the party and used for fraud. To prove that the party is not a suspect, all the money in the account must be transferred to the National Security Account.” On July 13, 2018, the Defendant wired the victim KRW 46 million to the said B Association account under the Defendant’s name.”

Accordingly, the Defendant, around 11:47 July 13, 2018, proposed a withdrawal of the housing fund to the employees of the bank at the counter of the door-dong branch in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu.