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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On June 9, 2010, the Defendant opened one passbook at a national bank at the government branch of the national bank on June 9, 2010 upon request by C, and received a request from C around June 10, 2010, for the withdrawal of money to be deposited.
Accordingly, the defendant knew that the money to be deposited in the passbook under his name would be an illegal money acquired by deceiving another person under the name of capital for the establishment of a corporation, and had the mind to participate in C's fraud.
On June 10, 2010, E, an accomplice of C, etc., stated that “If 200 million won is lent to capital for the incorporation of a corporation, E will complete the registration of the incorporation on the following day and repay it together with the interest of 20 million won” to the victim F at the Government Geum-dong Office of Gyeonggi-si, Gyeonggi-do around 15:30 on June 10, 2010, the victim would keep the passbook and his seal to be deposited.”
그러나 사실은 E는 자신 명의의 계좌에 2억원이 입금된 직후 그 계좌의 비밀번호와 도장을 변경한 다음 그 2억 원을 인출하는 방법으로 가로챌 생각이었다.
E immediately received KRW 200,000 from the victim to the bank account in the name of E, and around 08:35 on June 11, 2010, it changed the password and seal of the account at the government gold point of the above bank and transferred KRW 199,996,00 to the bank account in the name of E through Internet banking.
After that, on June 11, 2010, the Defendant received the account transfer of KRW 19,95,000,000 from an account under the name of the Defendant from an account in the name of a national bank around 08:37:41 on the same day and KRW 08:37 on the same day, to an account transfer from the account in the name of the Defendant’s bank. The Defendant directly withdraws KRW 64,00,000 at the point in the back of the territory of the National Bank of Korea on the same day in cash, and then, KRW 3,00,000 out of which he/she had in return for the participation in the crime, and the remainder of KRW 61,00 shall be C.