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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
On September 11, 2017, 12:24, on September 11, 2017, the name and non-contestee of the “Ssing” organization shall be called to the victim B and shall be subject to the Seoul Central District Prosecutor CD test.
The personal account in the name of the party was used in fraud case.
It is necessary to check the account and check whether the money in the personal account is related to the crime, so it is necessary to check and return the money to the account of the head of the team in charge of the Financial Supervisory Service.
"Along on September 11, 2017, the victim made a false statement to transfer KRW 6 million to a new bank account (Account Number: E) in the name of the defendant, and KRW 8 million to the same account in around 15:07 on the same day, and KRW 14 million in total.
At around 15:43 of the same day, the Defendant received an order from the name and non-member of the organization that caused the damage to the Defendant to withdraw in cash the money deposited into the bank account in the name of the Defendant and deliver it to the sender. Although the Defendant knew that the said money was acquired in a normal manner, such as the commission of the commission of the phishing, the Defendant then withdrawn in cash the full amount of KRW 14 million acquired by the victim through the aforementioned circumstances by the e-mail at the e-mail location of a new bank located in 906 U.S., and then delivered the said cash to the sender at the front of the said bank at around that time.
As a result, the Defendant aided and abetted the crime of fraud of a person who was not the name of the phishing organization by facilitating the crime in acquiring money from the person who was not the name of the phishing organization.
Summary of Evidence
1. Statement by the defendant in court;
1. A written petition, a written statement, or a police statement with respect to B;
1. Personal information in the name of the account, details of account transactions, text messages and Kakao Stockholm transactions;
1. Application of Acts and subordinate statutes to report on investigation (report on record of violation of the Electronic Financial Transactions Act);
1. Article 347 of the Criminal Act applicable to the facts constituting an offense and Articles 347 (1) and 32 (1) of the Criminal Act that choose a penalty;
1. Article 32(2) of the Criminal Act for mitigation of aiding and abetting.