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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
On May 9, 2015, the Defendant: (a) heard the Internet advertisement stating “the day on which high profits would be available at least 1.5 million won a day”; and (b) accepted the proposal of the name-free box, even though the Defendant knew that he would use the Defendant’s account in the above day and pay 5% of the withdrawn amount in return for the withdrawal of the money deposited in the said account, when he would be required to bring the company’s illegal funds into the Republic of Korea for the purpose of tax evasion, etc.; and (c) accepted the proposal of the name-free box with knowledge that he would use the Defendant’s account in the name of the non-indicted in the name of the Defendant for the commission of the phishing crime.
1. On May 11, 2015, at around 11:20 on the victim C’s name, the victim misrepresented the victim C by telephone, and, on the same day, the victim was transferred KRW 27 million from the victim’s name bank account (D) to the Defendant’s one bank account (hereinafter “the Defendant’s name”) on the following grounds: “The victim was able to confirm whether the money deposited in the account in the name of the party was connected to a crime because it was opened and used for the crime; and thereby, if the victim remitted money deposited in the account in the name of the party to the account to the money deposited in the name of the party, he/she would return it after confirmation.”
Therefore, the defendant, around 13:49 on the same day, withdrawn the money of KRW 27 million from the above account and delivered it to the employee who sent out the name.
Accordingly, the defendant, in collusion with a name-free person, acquired 27 million won from the victim.
2. On the same day, the person who was unable to name the victim E, assumes the victim E by telephone to the public prosecutor's office of the Seoul Central District Public Prosecutor's Office at around 11:32 on the same day, and "it is necessary to cooperate in the investigation because he/she was involved in the case of Bosing, so he/she should cooperate in the investigation, and if he/she remitted money from the party account to the account giving money in the name of the party account, he/she will confirm and return that money