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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] The Defendant was sentenced to a suspended sentence of 8 months at the Ulsan District Court on September 5, 2019 to imprisonment for the crime of aiding and abetting fraud, and the said judgment became final and conclusive on the 17th of the same month.
【Criminal Facts】
Telecommunications financial fraud (one-time Bophishing) is an organized crime with various stages of points, such as a total policy that plans and instructs a total crime, deceptions, solicitation and delivery of victims, cash cards, account accounts, etc., withdrawals or receipts of cash transferred by victims at the cash payment season, cash deliverys that are delivered to domestic or overseas, cash transfers that are delivered by cash from cash withdrawals, and remittances that deliver deposited criminal proceeds.
On May 2019, the Defendant: (a) received a proposal from an invitation book on the name of a policeman to “to give KRW 2 million per month, and KRW 100,000 to KRW 200,000 per case, when depositing money in a bank account designated by collecting money through a business trip”; and (b) accepted the proposal with knowledge that it was possible to commit the crime of Bosing.
On June 24, 2019, at least 09:00, a letter tag was sent to the victim’s cell phone number C using the phone call number of the victim B to “tv purchase”, and the reported victim misrepresented the cyber investigation unit D and confirmed the flow of the fund, and therefore, the Defendant called “Ckwikset and the National Police Agency Swikset” to transfer KRW 14 million to F account G in the name of E.
However, in fact, the above-mentioned incentive was not the police, and there was no intention to return the transferred money again.
At around 12:17 June 24, 2019, the above-mentioned inducement liability was transferred from the victim with KRW 14 million to the F Bank account (G) in the name of E.
On June 24, 2019, the defendant is from the solicitation of the above name in favor of the defendant.