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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal power] On February 8, 2018, the Defendant was sentenced to a suspended sentence of two years for a violation of the Electronic Financial Transactions Act, etc. by the Changwon District Court, which became final and conclusive on August 16, 2018.
【Criminal Facts】
1. On February 1, 2018, the Defendant received a mobile phone text message from a police officer at a non-sworn place on January 1, 2018, that “B is a company called “B,” and sought a part-time student from a motor vehicle purchase agency.” On the phone number, the Defendant was offered a proposal that “if he/she lends the name of the motor vehicle purchase of the 60 million fake vehicle, 6 million won, which is 10% of the vehicle price, to a person in charge of the company, who is called the head of the office of B by posting the telephone using the phone number, he/she shall pay at the part-time expense the KRW 10,000,000,000 which is the 60% of the vehicle price.” On the other hand, once he/she transfers the purchase fund to
The Defendant was well aware of the structure and methods of the crime of cryping, while there was doubt that the said cryping was possible to withdraw the amount of damage from the cryping, the Defendant accepted the proposal of the above cryping and notified the post office account number (C) in the name of the Defendant for the purpose of punishing money.
On January 29, 2018, the name-freeist stated that “The fact that the loan was received at the present high interest rate shall be replaced by the loan of the EFF, which is a low interest rate loan, by putting the phone to the victim D and misrepresenting the director of the EF,” and that “The fact that the loan was made at the present high interest rate shall be replaced by the loan of the EFFF, which is a low interest rate loan.” If the transfer was made to the account designating KRW 8 million, it shall
However, in fact, the above-mentioned person was not an employee of the Association, and even if he received 8 million won from the victim, he did not have any intention or ability to change the victim's loan into a low interest loan.
The person who was unaware of the name shall, as above, deceiving the victim and have the victim transfer the amount of eight million won from February 1, 2018 to the above post office account in the name of the defendant designated by the person who was unable to receive the name, and then shall withdraw the above amount.