A defendant shall be punished by imprisonment for a term of one year and four months.

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

Punishment of the crime

On June 15, 2017, the name-oriented person was not an employee of a corporate bank, and there was no intent or ability to make a loan to the victim at low interest, and was planned to obtain money from the victim by means of telephone financing fraud, despite that he was planned to obtain money from the victim by means of telephone financing fraud, he/she may call to the victim D who is in harmony C to make a loan at a low interest rate and send money to the financial account designated by us.

‘Francing’ to the same effect, the victim was transferred KRW 6 million to a new bank account (F) in the name of E on the same day from the victim.

On June 15, 2017, the Defendant, who was recruited as a cash delivery book by a person in unsound name, received the cash amounting to KRW 6 million from E from a person who was in the name of the above account in the vicinity of a new bank located in the distance of transfer of Suwon-si, Suwon-si, Suwon-si on June 15, 2017, and delivered 5.75 million won, excluding the Defendant's cash amounting to KRW 250,000,000, to another person designated by the person in unsound name.

Accordingly, the defendant, in collusion with the person who was not the victim of the name, acquired 6 million won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Copy of the police statement made to D;

1. Application of Acts and subordinate statutes, such as the Kakao reply data and the details of passbook transactions, and the Kakao content;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The scope of the recommended punishment on the sentencing guidelines set by the Sentencing Committee of the Supreme Court Sentencing / [type] systematic frauds of Type 1 (less than KRW 100 million) and the mitigation area [the person subject to special mitigation] is not subject to punishment (the scope of recommended punishment], one year to two years and six months;

2. The crime of this case in which the sentence of sentence was determined is organized.