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The punishment of the accused shall be determined by imprisonment with prison labor for ten months.
except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around August 14, 2019, the Defendant accepted a proposal that “A loan will be made in such a way as to increase the transaction performance” from a Bosing investigator who misrepresented the employees of the lending company and received money from the lending company to the account under the name of the Defendant, and then, the employees of the lending company. If the money is deposited into the lending company under the name of the lending company, the employees of the lending company would withdraw the money and deliver it to the lending company.”
However, on February 26, 2018, the Defendant was sentenced to suspension of indictment for the violation of the Electronic Financial Transactions Act at the Hongsung Branch Office of Daejeon District Prosecutors' Office on the ground that the Defendant was aware that the amount deposited in the account under the name of the Defendant could be the amount of damage caused by the fraud, since the Defendant was aware that the account was used for the scaming crime during the investigation process, and that the amount deposited in the account under the name of the Defendant could be the amount of damage caused by the fraud, since the Defendant was aware that the account was used for the scaming crime.
Nevertheless, the Defendant misrepresented the victim C by telephone at a place where it is unknown at around 10:30 on August 16, 2019, when the Defendant was unable to know his name, and falsely called “it is possible to lend 30 million won at a low interest rate of 2.5% if part of the existing loans are repaid,” and then, the Defendant received KRW 1.7 million from the victim at around 12:58 of the same month. Around 19:58 of the same month, the Defendant used the said B account in the name of the Defendant. On the same day, at around 14:22 of the same day, the Defendant released the amount of damages deposited at the F Eastdong branch in Chungcheongnam-si, Chungcheongnam-si, E, and then delivered it to the Bosing employee.
Accordingly, the defendant is easy to obtain money from the victim by the staff of Bosing who are not aware of the name of the defendant.