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A defendant shall be punished by imprisonment for not less than eight 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 15, 2018, the Defendant, at around 14:00, notified the account number and password of the C Bank account (D) in the name of the Defendant, “A bank is an employee of the B Bank Trust Corporation. It is possible to grant a loan with a low interest rate. To obtain a loan, there is no good credit rating, and thus, the details of the loan will increase. If I want to receive a loan, I would like to withdraw the money again. I would be exempted from paying the money to the employee.”
At around 09:00 on October 31, 2018, the name-free person told the victim E (the age of 45) to call for a telephone, saying, “self is a F employee, and credit loans can be extended at low interest, and it is possible to obtain a loan to repay the existing loan. If the F virtual account number is known, it is possible to obtain a loan at low interest.”
However, there was no intention or ability to provide a loan to the victim at low interest because the person who is not a F.
Nevertheless, the Defendant prepared at around 12:47 on October 31, 2018 from the victim and transferred KRW 4,052,00 to the C bank account (D) in the name of the Defendant, and the Defendant received instructions from the winners of his name, and then released KRW 3,80,000 out of KRW 4,052,00,000 deposited by the victim at the seat of the H partner branch located in the G in the Gyeonggi-si, Gyeonggi-si, Masan-si, Masan-si, on October 31, 2018.
As a result, the Defendant aided and abetted the crime of phishing fraud of a person without a name.
Summary of Evidence
1. Partial statement of the defendant;
1. E’s authentic statement and written statement;
1. Application of Acts and subordinate statutes to the details of inquiry of details of transactions, account details, screen pictures by cutting off a set of gold trade image, J details, account details, and text details;
1. Relevant Article 347(1) and Article 32(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;
1. Article 32(2) of the Criminal Act for statutory mitigation;