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A defendant shall be punished by imprisonment for one year.
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 March 2019, the Defendant received a proposal from a person who misrepresented the employees of a lending company to the effect that “if he withdraws money with a check from another person and deposits money to a designated account, he would pay 2% of the withdrawn money as commission,” and tried to serve as a liability for delivery by taking over the means of access.
1. Violation of the Electronic Financial Transactions Act;
A. On March 4, 2019, at around 15:48, the Defendant received, through Kwikset’s instructions, a check card connected to the EF Bank G account in the name of the E FF Bank, for the withdrawal and delivery of the amount of damage from scaming at D stores located in Nam-gu Busan Metropolitan City, Nam-gu.
Accordingly, the Defendant, in collusion with the above-mentioned person, kept the means of access with the knowledge that it would be used in the crime.
B. On March 4, 2019, around 17:05, the Defendant received, from Kwikset service, one check connected to the KKK account in the name of JK account in order to withdraw and deliver the amount of the scaming damage in front of H in Busan, Daegu, under the direction of the above-mentioned person.
Accordingly, the Defendant, in collusion with the above-mentioned person, kept the means of access with the knowledge that it would be used in the crime.
2. Fraud;
A. On or around March 1, 2019, the singishing staff in the name of the victim L made a false statement to the effect that “the employee in charge of the singishing shall misrepresent himself/herself with the victim L to the account designating the guaranteed insurance premium to secure a low interest rate loan,” and that “the employee in charge of the singishing shall deposit 40 million won with the account designating the guaranteed insurance premium to secure a low interest rate loan” shall, on or around March 4, 2019, transfer the total amount of damage amount of KRW 3,229,985, out of KRW 3,229,985, to the EF G account in the name of the EF bank, and the Defendant shall, upon the direction of the person in charge of the singishing name, withdraw the amount of KRW 1,269,985, out of KRW 3,00,000,000,000,000,000 won, excluding the above damage amount.