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A defendant shall be punished by imprisonment for a term of one year and two months.
The seized national bank shall be a passbook (No. 1) issued at the Busan branch office of the National Bank, a wooden paper.
Reasons
Punishment of the crime
At around 14:00 on July 7, 2015, the Defendant: (a) conspired with a person with whom the name of the criminal organization cannot be identified (hereinafter referred to as “person without a name”) to receive money by deceiving the victim; (b) the Defendant released money deposited in the account under the name of the Defendant; and (c) ordered the Defendant to take charge of withdrawing and delivering the money by depositing the money deposited in the account under the name of the Defendant, upon receiving instructions from the said person with no name (hereinafter referred to as “person without a name”).
On the other hand, at around 09:56 on July 8, 2015, at a place where the place cannot be known, the person whose name was omitted refers to “The investigator of the Seoul District Public Prosecutor’s Office (Seoul District Public Prosecutor’s Office)”, by telephone, to the victim C, who collected money deposited in a financial institution as the mobile phone and account was opened and used for committing the crime. The owner entered the name, resident registration number, account number, and serial number of the security card in connection with the website of the public prosecutor’s office (D) and changed the serial number of the security card number. Moreover, the bank issued an OTP card to notify the serial number. The securities account stated that “If the person deposits money to the account to prevent cash from withdrawing in the country, he/she may arrest the person who stolen the name.”
그러나 사실은 보이스피싱 범죄조직의조직원들은 피해자로부터 돈을 교부받더라도 피해자의 예금 등을 보호해줄 의사가 없었고 오로지 송금된 돈을 인출하여 가로챌 목적이었다.
At around 12:10 on the same day, the victim transferred 40 million won to the national bank account (E) in the name of the defendant, and the defendant continuously withdrawn 20 million won at the source of the national bank at around 13:00 on the same day, and then at around 13:30 on the same day, he withdrawn 15 million won from the source of the national bank at around 13:30 on the same day.
Accordingly, the defendant is a member of the criminal organization with no knowledge of the name of the defendant.