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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 April 8, 2019, the Defendant: (a) received a proposal from a person without his/her name to purchase and inform him/her of virtual currency with money deposited in the account under the Defendant’s name; and (b) notified the account number of B Bank in the Defendant’s name to send virtual currency in an external address; (c) on April 15, 2019, the Defendant limited the allowances to KRW 51 million deposited in the B Bank account in the Defendant’s name; and (d) delivered the said account to the said person with his/her name known; (c) on April 16, 2019, the Defendant received a message from another person without his/her name to the said another account, which was called Kakao Stockholm, which was used for the crime of fraud (so-called “Scishing”). As such, the Defendant’s account in the name of B Bank was recognized to be used for an unspecified number of victims’ telephone financial fraud.
Meanwhile, on the other hand, the person under whose name the above defendant was sent the account number of B Bank in the above defendant's name and phone call from the victim D on April 16, 2019 to around 10:30 on April 16, 2019, and misrepresenting the employees of E company and F company, the person under whose name the person under whose name the defendant was named will make a loan up to KRW 60 million at the interest rate of 8.2% per annum. The person under whose name the person under whose name the defendant was named was named was named as follows: (a) establishing a test to connect F company with the existing loan amount of KRW 30,000,000,000 to the virtual account of KRW 50,000,000 out of KRW 30,000,000,000 from the victim; and (b) received KRW 6 million from the victim on the same day.
On April 16, 2019, the Defendant purchased virtual currency with a limit of KRW 910,00,000,000,000 from among KRW 6 million deposited into the B bank account under the above Defendant’s name according to the order of the person who was unable to perform his/her duties, and then delivered it to the external address known to the person who was unable to perform his/her duties.
Accordingly, the defendant is used by the above-mentioned person for committing a telephone financial fraud.