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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 2015, the Defendant: (a) conspired with a person with whom it is impossible to know the name of one of the criminal organizations (hereinafter “Singing”) to receive money by deceiving the victim; and (b) ordered the Defendant to withdraw the money deposited in the account under the name of the Defendant; and (c) ordered the Defendant to take charge of withdrawing and remitting the money deposited in the account under the name of the Defendant, upon receiving the instructions from the said person who was unable to obtain the said name; and (d) decided to take charge of withdrawing and remitting the money deposited in the account under the name of the Defendant.
On the other hand, on March 18, 2015, at a place where the location cannot be known, the person whose name was omitted refers to the victim G by telephone, stating that “the number of the student was exposed to the Gangnam Police Station cyber investigation unit, and the student’s phone number may be damaged to the bank. It shall comply with the instructions given by the Financial Supervisory Service.” On the other hand, the victim calls again to the victim, and “the employee of the Financial Supervisory Service, who was contacted by the Gangnam Police Station, is the employee of the Financial Supervisory Service, who was contacted by the Gangnam Police Station. He must transfer to another head of the Tongnam Police Station to protect the deposit.” On the other hand, the victim made a false statement stating that “the student is sent to the corporate bank account (E) in the name
그러나 사실은 보이스피싱 범죄조직의 조직원들은 피해자로부터 돈을 교부받더라도 피해자의 예금 등을 보호해줄 의사가 없었고 오로지 송금된 돈을 인출하여 가로챌 목적이었다.
Accordingly, the victim transferred the total amount of KRW 50 million to the above corporate bank account two times in total on the same day, and the defendant withdrawn KRW 35 million at the point of the corporate bank station located in Gangnam-gu Seoul, Gangnam-gu, Seoul, at around 11:00 on the same day.
As a result, the Defendant was given KRW 50 million from the victim in collusion with the staff of the criminal organization of Bophishing, whose name is unknown.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police officer in G; and
1. A certificate of deposit, receipt, invoice, or invoice;