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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On September 26, 2019, the person under whose name the name the victim was named was a member of the organization of Kakaophishing, and the Defendant was proposed as follows: “Around September 26, 2019, the Defendant would withdraw and deliver the money deposited to the Defendant’s account from the person under whose name the name was not the same.”
At the time of the receipt of the above proposal, the Defendant was instructed by his nameless person that “If he withdraws cash from a bank, he would be called a business fund by asking the purpose of use, and all physical knishings in the “no” to “no” to the “no” of the financial fraud prevention. Therefore, the Defendant considered that the money deposited as above can be the money fraud fraud, but accepted the above proposal, and then notified the account number of the bank account in the name of the Defendant (C) to the nameless person.
On September 26, 2019, the name-free person misrepresented the victim D by telephone and misrepresenting the victim D staff. The name-free person made a false statement that “The existing loan is deposited in the designated account to reduce low interest rate substitute loan, and repaid it.” On September 30, 2019, he/she received from the victim the remittance of KRW 8,243,00 from the victim to the B bank account in the name of the above defendant.”
On September 30, 2019, the person who was not the person in charge of name shall call the victim F by phone to the victim F and misrepresent him/her as above, and he/she shall make such false statement, and he/she shall receive from the victim the remittance of KRW 9,000,000 to the B bank account in the above defendant's name at around 12:08 on the same day.
On September 29, 2019, the person under whose name the person under whose name the person under consideration was not the victim was made by calls to the victim H and misrepresenting him to the said I bank staff. On September 30, 2019, around 13:26, 2019, he received 10,000,000 won from the said defendant’s B bank account under the name of the said defendant, and received 10,000,000 won from the J bank account (K) around 10:27, 2019.
The Defendant, in accordance with the instructions given by the above-mentioned bearers, around 10:58 on September 30, 2019, KRW 8,000,000, out of KRW 8,243,000 deposited as above, shall be the Defendant’s other B Bank.