A defendant shall be punished by imprisonment for two years.

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

Criminal facts

On November 2018, the Defendant accepted the proposal to the effect that “if money is deposited, the Defendant would withdraw it and deliver it to the sender at the time of payment.” The Defendant accepted the proposal from the one who was known only through the Kakakakao Stockholm, etc. of the Defendant.”

However, on September 2, 2008, the Defendant was punished on the ground of the transfer of the means of access for electronic financial transactions. On June 14, 2018, the Defendant transferred the physical card to another person on the ground of the transfer of the means of access for electronic financial transactions, and had experience of being used in the telephone financial fraud (so-called scaming) crime and under investigation by an investigative agency. Therefore, the Defendant was aware that the act of withdrawing the money deposited in his/her own deposit account and delivering it to the non-scam is a refund of the crime of Boscam.

On November 27, 2018, no person in whose name the victim B made a false statement to the effect that “the name of the party was used for a crime by stealing the name of the party, and the money deposited in the subordinate account to verify whether the case was involved” was deposited into the virtual account, and then he received from the victim a remittance of KRW 12:10,000 from the victim in the name of the defendant c bank account (Account Number D) on the same day.

The Defendant, at around 12:55 on the same day, withdrawn 12 million won, which was transferred from the C Bank's salary point in Gwanak-gu in Seoul Special Metropolitan City, to the above C Bank account, and delivered the above money to the person who was unaware of the name, at around 14:00 on the same day, from the roads near the exit No. 482 Seoul Special Metropolitan City, Seocheon-ro 7, Seoul Special Metropolitan City.

Therefore, while recognizing the fact that the Defendant was committed by deceiving the victim by deceiving the victim, the Defendant: (a) withdrawn the amount of damage deposited into the account in the name of the Defendant’s bank; and (b) assisted the Defendant by easily delivering the amount of damage to the account in the name of the Defendant; and (c) transmitting the amount to the account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. B written statements;

1. Details of transfer transactions;