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A defendant shall be punished by imprisonment for not more than ten months.
However, 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
On October 25, 2019, the Defendant: (a) received a proposal from a person under whose name the Defendant misrepresented his employee of a lending company to the effect that “it would allow a loan if possible to confirm whether he is subject to the happiness fund; (b) would transfer a means of access connected to one’s own account for the same purpose as in January 2019; (c) provided information on his account to the same purpose and received an investigation by entering the investigation agency for the same purpose on April 2019; and (d) provided information on the fact that the said method was urgent, on the ground that he was aware of the fact that money was paid, the Defendant accepted the proposal and sent information on his bank account (E) and then withdrawn and delivered the deposited money.
On October 29, 2019, a false statement was made to the effect that “a loan shall be repaid due to a violation of the Financial Law. If not paid, a criminal complaint shall be made.” On October 30, 2019, the member who misrepresented the D Bank staff was obtained by deceiving the victim to the said D Bank account in the name of the Defendant.” On October 30, 2019, the said member transferred the sum of KRW 10 million from the victim to the said D Bank account in the name of the Defendant.
On the other hand, on October 30, 2019, the Defendant: (a) when the amount was deposited from the victim, visited the D Bank located in Osan-si to the effect that “A person visited the D Bank and borrowed it as business funds”; and (b) withdrawn the amount of KRW 10 million as a check.
Accordingly, the Defendant aided and aided the criminal act of fraud by the personnel in the name of the phishing assistance.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Details of the response to the D Bank account;
1. Application of Acts and subordinate statutes to investigation reports (verification of suspect investigation records related to licensing);
1. Relevant Article of the Criminal Act and the choice of punishment for the crime;