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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, under the direction of “F” from the name “F,” which is the cause of the organization of the licensing organization, withdrawn the money deposited in the name of the account holder to be used for the crime of the licensing and delivered the withdrawn money to the employees of the licensing operation. The Defendant conspired to make a false statement as if he had no intent to sell the goods, and to receive the money by receiving the money from the account with which he had been recruited in advance by ice out the loan, as well as the cash withdrawal management account which plays the role of delivering the withdrawn money to the employees of the licensing operation.
On May 28, 2015, at around 10:00 on May 28, 2015, the employee in charge of scaming in name following the public offering as above, sent KRW 33,918,50 to the account of an enterprise bank (K) in the name of J-registered name, and KRW 30,357,250 to the account in the name of L-based community credit cooperative (M) account (hereinafter “A-based bank account”) in the name of Gangseo-gu, Busan Metropolitan Government, which is a sub-company in the signal-dong of Gangseo-gu.
The Defendant, upon receiving the above “F”’s instruction, introduced J, who is the nominal owner of an enterprise bank account, as a financial team of a lending company, and had J transfer KRW 33,918,50 to a new bank account (O) in the name of the said “F.”
As a result, the Defendant, in collusion with the employees in charge of singing, etc., by deceiving the victim, received KRW 64,275,750 from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each protocol concerning the examination of the accused by the prosecution;
1. Statement of each police statement to H and J;
1. Each protocol of seizure and the list of seizure;
1. Investigation report (suspect A mobile phone case);
1. Application of trade-related Acts and subordinate statutes;
1. Relevant Articles of the Act concerning the facts constituting the crime;