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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 10, 2016, the Defendant is obliged to receive monthly pay from a person who was infinite name in the Republic of Korea, who was infinite from a person who was infinite name in the Republic of Korea.
In the case of lending the head of the Tong, 100,000 won would be given in the face of the head of the Tong, and even though recognizing the fact that “a person without a name intends to use his/her account to deal with money illegally acquired by committing a crime of telephone financing fraud, etc.”, he/she was willing to provide his/her post office account to the person without a name.
On November 18, 2016, an employee in charge of telephone financing fraud in name refers to a false call from a victim C at a place where it is impossible to know a place on November 18, 2016, and received KRW 3,130,000 from a post office account in the name of the defendant as a fee for deletion of transaction performance from the victim.
In order to assist the above member of the telephone financial fraud organization in committing the above fraud, the defendant withdrawn 3,130,000 won, which was remitted from the victim to the Osan post office, located in the 313rd Dong-dong-dong-dong-ro, Masan-ro, Masan-si, around November 18, 2016, and gave to the employee of the electronic financial fraud assistance in the name of the defendant.
Accordingly, the defendant, by facilitating the fraud of a person without a name, has prevented it.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. C’s statement;
1. A certificate of confirmation of transfer of Internet banking;
1. Search and seizure inspection warrant and reply materials;
1. Application of the statutes governing delivery information;
1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 32(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do1448, Jun. 1, 201; 201Do1114, Jan. 1,