A defendant shall be punished by imprisonment for one year.

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

Criminal facts

The Defendant, along with his name incomprehion, had falsely contacted many unspecified victims, and had the Defendant take the money by deceiving the money with a phishing “phishing” method.

On May 24, 2018, the name Buddhistist sent a message to the victim C as if he were D through the Kakao Kakao Stockholm at a place where it was not possible to do so.

In opening shopping malls, “I,” and “I,” made a false statement that “I, 5,700,000 won is remitted to a new bank E account (F) that needs to pay money. I, however, have immediately remitted KRW 5,70,000 to the E account under the name of E.

around 10:59 on the same day, the Defendant was in possession of Kwikset service using Kwikset’s name in accordance with the direction of Kwikset’s name in advance at the branch of the Saemaeul Bank located in Nam-gu, Southern-gu.

The E withdrawn 5,700,000 won in cash by using a credit card linked to the new bank account in the name of E, and then again transferred it to the non-indicted account according to the instructions of the non-indicted.

Accordingly, the defendant acquired another's property in collusion with a nameless person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of the police suspect interrogation of E, and a protocol of the police statement of C concerning E;

1. Application of Acts and subordinate statutes on the certificate of transfer confirmation, the Kakao Stockholm dialogue content, and the details of financial transactions;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Articles 347 (1) and 30 of the Criminal Act;

1. Suspension of execution: Article 62 (1) and (2) of the Criminal Act;

1. Confiscation: Reasons for sentencing under Article 48(1)1 of the Criminal Act [unfair circumstances] The punishment of a crime committed by organized fraud is unreasonable, the punishment of a crime committed by an organized fraud is not small, the extent of damage is not small, the profits acquired by the defendant seems not large, the damage is not large, the damage is not repaid, the victim's punishment is not excessive, and the social relationship is clear;