A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 23, 2017, the Defendant: (a) received a proposal from “B” without knowing the personal information from “B” to the Defendant’s account in cash or transfer money to another account; and (b) consented to the lending; (c) around 16:00 of the same month, the Defendant made an act of preparing an application for deposit and withdrawal from the bank counter to transfer the money deposited in the Defendant’s new bank account (C) at a new bank located near the Seoul Station to the Seoul Station, according to the direction of “B” at a new bank located near the Seoul Station.

On the other hand, on May 26, 2017, the name-free person, who is the accomplice of the “B”, called the victim D and misrepresented the victim D with the Seoul Central District Prosecutors' Inspection, and confirmed one of the two passbooks in F, as the only one passbook.

Inasmuch as whether the party was used by theft, or whether the money in the new passbook was deposited by the victims, or whether the money in the new passbook was co-offenders or not, we would make a false statement to the virtual account known to 80% of the money in the new passbook to be deposited into the virtual account, and we would return it after confirmation by the Financial Supervisory Service. Accordingly, we let the victim remit 20 million won to the new bank account in the name of the defendant around that time.

Therefore, the Defendant, as seen above, had the Defendant’s new bank account and the agricultural bank account provide for the phishing crime, such as “B”, thereby facilitating the commission of the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Photographs photographs of seized articles;

1. The screen of the Kakao Stockholm course to be cut;

1. Application of Acts and subordinate statutes regarding transaction details;

1. Relevant legal provisions of the Criminal Act, Article 347 (1) of the Criminal Act, and Article 32 (1) of the Criminal Act, which provide for the choice of punishment for the crime (elective 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 suspended execution;

1. Protection observation and: