1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 18, 2017, when the defendant delivered the money deposited in the deposit account under the name of the defendant to the person who was named in the name of the defendant who was named in the mobile phone and instructed the person to withdraw the money from the money deposited in the deposit account under the name of the defendant, the defendant received a proposal to grant a loan of KRW 4 to 50 million at an annual interest rate of 5%, and then notified the person who was named in the name of the defendant with the new bank account number (B).

The Defendant had already known the process of receiving the loan and of carrying out the loan, and was well aware that the lending method carried out by the winners of the above name was an emergency form. The Defendant visited the ordinary financial institution to the effect that “it may be used for the phishing crime if you withdraw and deliver the money by the request of another person that is unknown sources deposited in the account of another person.” It can be said that the amount deposited in the account under the Defendant’s name can be the damage amount of the phishing fraud by visiting the ordinary financial institution to the effect that “it may be used for the phishing crime if you withdraw and deliver the money by the request of another person.” The Defendant received an instruction that the transfer of the account or the payment of the check should not be made and withdrawal and delivery of the money only in cash

I think.

Nevertheless, on January 19, 2017, the Defendant, without the intent or ability to make a loan, misrepresented the victim C by phoneing to a new bank staff at around 11:00 on or around 19, 2017, and misrepresenting the victim C to “to immediately refund money equivalent to 70% of the limit of the loan and to lend additional funds to the new bank account in order to increase the limit of the loan,” and making the victim use of the above new bank account under the Defendant’s name when receiving remittance of KRW 11:1 million from the victim’s new bank account at around 15:05 on the same day. At around 15:50 on the same day, the Defendant withdraws KRW 5,60,000 out of the money deposited in the said account from the new bank branch at around 15:50 on the same day, and the remaining KRW 5,500,000,000 from the money deposited in the said account shall be smart banking.