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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
[Judgment of the court below in light of the above legal principles, the court below erred by misapprehending the legal principles as to the violation of the Electronic Financial Transactions Act. The court below erred by misapprehending the legal principles as to the violation of the Electronic Financial Transactions Act, and exceeding the legal principles as to the violation of the Electronic Financial Transactions Act. In so doing, the court below did not err by misapprehending the legal principles as to the violation of the Electronic Financial Transactions Act. It did not err by misapprehending the legal principles as to the violation of the Electronic Financial Transactions Act. The court below did not err by misapprehending the legal principles as to the violation of the Electronic Financial Transactions Act.
【Criminal Facts】
On August 31, 2018, an employee of the Ssingishing operations misrepresenting the victim DF staff at a low interest rate, and falsely speaks to the effect that “I will make a substitute loan at a low interest rate: Provided, That the existing loan will be repaid to the account designated by our country.” In this context, the victim transferred KRW 20 million to the above B Bank account under the name of the defendant at around 12:23 of the same day.
Around that time, the Defendant knew that the Defendant was the criminal of Bosing, but informed the Defendant’s account number to the Defendant’s employees of Bosing on his name. On August 31, 2018, the Defendant released KRW 14 million out of the Bosing damage deposited in the Defendant’s account at each branch of the B Bank Young-gu, Suwon-si, in accordance with the instructions of the Defendant’s name-free box at around 12:23, August 31, 2018, and then arbitrarily used the above KRW 14 million to the other name-free persons designated by the deceased of his name, and KRW 1960,401 at around that time.
Accordingly, the Defendant, by facilitating the fraud of the name-free winners, assisted it.
(i) the evidence;