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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Criminal facts
Some of the facts charged were corrected.
On December 14, 2005, the Defendant was sentenced to 12 years of imprisonment with prison labor for murder in the Sungnam Branch of the Suwon District Court on December 14, 2005, and completed the execution of the sentence in the Daejeon Prison on October 17, 2017.
Criminal facts
[2019 Highest 2099] On February 25, 2019, the Defendant: (a) misrepresented the “B corporation’s agent for C” on February 25, 2019; (b) “The party is an importing firm, and the customer wishing to engage in non-data transaction is increasing due to the ethm economy, and the additional tax burden is increased. If the account is lent for five days, the account will be paid KRW 3 million per account; (c) a copy of the account, face, photograph, account number, etc. of the passbook is stamped; and (d) consented to it; and (e) then sent a photograph of the Defendant’s name to the D bank account (E).
On February 27, 2019, an employee under the name of the defendant was transferred from the victim to the above D bank account in the name of the defendant around February 16, 2019, on the following grounds: (a) by misrepresenting the victim F to the effect that "the Seoul Central District Prosecutors' Office G prosecutor" was opened and used for the crime; and (b) more than 50 persons deposited in the account were accused of the crime; (c) the Financial Supervisory Service made a complaint to the effect that it is possible to confirm whether the head of the passbook is a victim or not; and (d) deposit money to the account known in the Financial Supervisory Service."
On February 27, 2019, the Defendant withdrawn KRW 10 million out of the total amount of KRW 12 million deposited in the above account under the name of the Defendant at the counter of the branch office of Sung-nam Bank I located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Sungnam-si, and then sent out to the non-persons who were not the winners of the name at the above bank around that time.
As a result, the Defendant, even though he was aware that he was committing the scaming crime, has withdrawn KRW 10 million out of the amount of the money wired to the above account under the name of the Defendant in cash.