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A defendant shall be punished by imprisonment for not more than ten 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.
Reasons
Punishment of the crime
1. On January 24, 2018, at around 11:40 on the 24th day, the employee in charge of aiding and abetting fraud: (a) false statement that he/she should misrepresent himself/herself with the husband of the victim and send money to the victim, even though he/she is not the husband D of the victim C; and (b) such false statement was received from the victim via the Defendant’s bank account (Account Number: E) with the Defendant’s name at around 12:49 on the same day.
In order to assist the above person in acquiring money by deceiving the victim as above, the defendant knew the above account number to the person who was not the victim on the same day, and the victim deposited the money from the account in the name of the defendant as above, and the victim deposited the money from the money to the account in the name of the defendant, the defendant withdrawn KRW 5.6 million out of the above amount of money from the point of the new city of the Bank of Korea, which is located at the 300 square of the correction of the Gyeonggi Sung-nam City, to deliver it to the above person who was not the victim, and acquired KRW 200,000 as profits.
Accordingly, the defendant could easily commit the crime of fraud of a person without a name, and prevented it.
2. Except as otherwise expressly provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall lend or lend any access medium, or store, deliver or distribute such medium with the knowledge that such medium is to be used for a crime or to be used for a crime;
피고인은 2018. 1. 경 F과 함께 보이스 피 싱 조직원에게 대포 통장을 전달하는 범행( 속칭 ‘ 장 배달’) 을 하기로 공모한 뒤, 성명 불 상의 보이스 피 싱 조직원에게 위 챗 메신저를 통해 연락하여 대포 통장을 전달하는 범행을 제안하고 위 성명 불상자가 이를 승낙하자, 피고 인은 위 성명 불상자의 지시에 따라 보이스 피 싱 사기 범행에 이용될 것을 알면서 2018. 3. 9. 15:20 경 인천 남구 경원대로 691에 있는 관 교 여자 중학교 정문 앞에서 G으로부터 G 명의의 신한 은행...