Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On November 17, 2015, the Defendant received a call from the Defendant’s house of Dong 2 B02, Nam-gu, Incheon, Seoul, to the effect that “When money is deposited in the account, the Defendant would send the remaining money after excluding the prescribed fees, to the person who will receive money.”

A person whose name is unknown, without the intention or ability to extinguish his/her obligation due to repayment of a loan, has received from the injured party D a transfer of KRW 10 million to the bank account in the name of the accused from the injured party by making a false statement on November 18, 2015, “to have him/her repay a loan without completion,” and on the same day, he/she received from the injured party E a transfer of KRW 10 million to the bank account in the name of the accused. From the same day, the victim E was immediately withdrawn from his/her application for a loan in order to enhance the credit, immediately after he/she has withdrawn the loan to improve the credit,” and was remitted from the injured party to the bank account in the name of the accused.

On November 18, 2015, the Defendant released KRW 15 million, excluding KRW 3 million, from among KRW 18 million deposited in the account in the name of the Defendant in the bank in the name of the Defendant at a bank near Jung-gu Incheon, Jung-gu, Incheon, Jung-gu, Incheon, to a person whose name is unknown, and then delivered KRW 15 million to a person whose name is unknown.

In this respect, the Defendant, even though he was aware that his account was used for the phishing crime, could facilitate the fraud of a person who is not aware of his name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Copy of the E statement;

1. (Defendant Person) Application of Korean bank account copies Acts and subordinate statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 32 (2) and Article 55 (1) 6 (Accessories) of the Criminal Act mitigated by Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;