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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 4, 2019, the Defendant: (a) received a communication from a name-free person who assumes the former employees of a lending company to the effect that “to create a false transaction performance and lend a loan”; (b) notified the latter name-free person of the bank account under the name of the Defendant to Kakaok; and (c) received an order to withdraw the deposit of the money into the said account and then deliver it to the employee designated by the said name-free person.
On March 6, 2019, the employees of Bosing, including a person without name, called the victim D, and misrepresented the victim D to the investigation team of the Seoul Regional Police Agency Cyber Safety Bureau, the police and the Seoul Central District Public Prosecutor's Office, etc. to the effect that "the head of a Si/Gun/Gu is confirmed to have been used in the case for the use of his/her name. In order to confirm whether or not he/she was involved in the party, he/she shall send all money in the party's name to the account with the National Security Account Code." In addition, around 10:36 of the same day, the victim transferred KRW 7.95 million to the above B bank account in the name of the defendant.
At around 11:19 on the same day upon receipt of the above order from the above bearers, the Defendant made a false statement of the prevention of telephone financial fraud in order to prevent Bosing damage in order to withdraw the above money from the point of village, such as a bank, etc. located in Gangseo-gu Seoul Metropolitan Government E, and deposited money deposited into the above Defendant’s bank account, despite recognizing the fact that the money was the damage amount of Bosing crime, the Defendant withdrawn KRW 7 million out of KRW 7.95 million deposited from the victim, which was deposited from the victim, as a check, after exchanging the above check in cash at the G association lecture book located in Gangseo-gu Seoul Metropolitan Government F, from the H convenience point near the above bank, the Defendant made it easier to commit the crime of Bosing organization by delivering the above fraud amount of KRW 7 million to the Defendant.
In this respect.