A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On March 20, 2019, the Defendant: (a) received a proposal from a name-free person who assumes a false representation in B Company C to create a loan by creating a transaction performance; and (b) decided to withdraw and deliver the false money deposited in the Defendant’s account under the name of the Defendant.

On April 2, 2019, the Defendant deposited KRW 10,000 in the E-bank account (F) in the name of the Defendant, following the Defendant’s order, at around 11:39 on April 2, 2019, the Victim D was charged with phishing by the said phish box, and transferred the amount of KRW 10,000,000 to the G Association account in the name of the Defendant at around 11:39 on the same day, and then withdrawn KRW 10,000 as the check from the G Association near the Seoul Mapo-gu I Station on the same day, and then delivered the amount to the needy in cash instead.

On the other hand, at around April 2, 2019, the Defendant deposited KRW 10,00,00 in the account under the name of the said Defendant by another victim J of another victim, who was under the said act, due to the said scaming crime, and deposited KRW 10,000,00 in the account under the said Defendant’s name. In accordance with the order of the scambist, the Defendant transferred the money to the G association account under the Defendant’s name on the same day, and then withdrawn and delivered the money. As the process requires urgent use of the nominal amount, such as monthly rent, etc., the Defendant voluntarily used the money by transferring a part of the said amount of the said damages, while, having been aware of the fact that the scambling would have been at issue, attempted to manipulate it as a “communication fee.”

On April 2, 2019, the Defendant, at around 14:41, transferred KRW 10,00,000 to the E-bank account under the name of the Defendant by deceiving the victim by deceiving him/her, as above, the Defendant transferred KRW 3,965,250, which is part of the damage amount to the E-bank account under the name of the Defendant. On the same day, at around 15:18, the Defendant transferred KRW 3,965,250 to the male job offering-friendly K bank account (L).

Accordingly, the defendant has received money from the victim to his own E bank account as above.