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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 1, 2019, the Defendant, after hearing the statement that “I would give a loan. In order to implement a loan, I would like to inform you of the account number to enhance the transaction performance,” and without verifying the authenticity, informed the account number in the name of Cbank (D) in the name of the Defendant.
Around January 9, 2019, the above name omitted employee called the victim E and called “F’s review and head G. There is a good with low interest rate for ordinary financial loans, such as the Financial Supervisory Service. To receive this, the employee of the Financial Supervisory Service, who has repaid the existing loans, shall transfer money to the virtual bank account in the name of the Defendant on the same day from the victim, and the Defendant received KRW 5,500,000 from the victim to the said C bank account in the name of the Defendant on the same day, and the Defendant deposited the above KRW 5,50,000 to the cash account in accordance with the direction of the above name omitted, and remitted the money to the (State) H bank account (I) designated by the non-beneficiary.
Accordingly, the Defendant aided and aided the Defendant to commit fraud by facilitating the person who was unable to receive the above name, which is the cause of the Bosing organization.
Summary of Evidence
1. Statement to E by the police;
1. Application of Acts and subordinate statutes, such as details of transactions, J dialogues, copies of passbooks, and statement of transactions of automatic cash payments;
1. Relevant Article 347(1) and Article 32(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;
1. Articles 32 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Determination on the defendant's assertion of Article 62-2 of the Social Service Order Criminal Act
1. The gist of the assertion is that the Defendant is aware that the statement of a person under whose name he/she is willing to create a transaction record for lending, and that the money deposited in his/her own account is obtained through phishing crimes.