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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The name influor of the crime of fraud committed by a person without a name, the person influor had misrepresented the staff of the investigative agency or financial institution, received money from the victims, and had the victims receive money in advance, and he had the intent to withdraw the money transferred in cash, etc.
A. On October 25, 2016, at around 10:00 on Oct. 25, 2016, the name indissected person assumes a phone call to the victim C and falsely assumes the staff of KB National Bank, and “in the event of a transfer from KB Capital to the designated account within the internal area, he/she would create a low interest rate-based passbook to the party,” and then, he/she was remitted 10 million won to the new bank account (D) in the name of the victim around 11:43 on the same day.
B. On October 25, 2016, at around 12:51 on October 25, 2016, the name-free person misrepresented the victim E to post a telephone and misrepresented the F Public Prosecutor’s Office of Government local public prosecutor’s office, and made a false statement that “The passbook was opened in the name of the party, and all of the money deposited in the party account was transferred to the virtual account designated by the Party to verify whether the party is the defendant or the victim of the instant case,” and that he/she received KRW 17 million from the damaged person to the Agricultural Cooperative (H) account in the name of G at around 14:12 on the same day, around 15:21 on the same day, he/she deposited KRW 17 million out of the above KRW 17 million in cash, and deposited it into the new bank account under the name of the Party A (D) in the name of the victim.
In this respect, a person who is not injured was informed of the victims and was provided with property from the victims.
2. On October 24, 2016, Defendant A’s crime of aiding and abetting the fraud was proposed to the effect that “after withdrawing, in cash, the money transferred to the bank account in the name of the party that was going to Seoul and then sent to the sender, the Defendant shall cause the sender to deliver the money,” and after consenting to the proposal, Defendant A’s name and the number of bank accounts (D) opened in the name of the party.