beta
Text
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
1. On August 2019, a person who was unaware of the name of the organization that caused the fraud assistance to the victim B made a false statement to the victim B by phoneing the victim B on August 2019, stating, “it is possible to grant a loan of up to 35 million won per annum. It is possible to pay money to the account informing that the existing loan should be repaid.”
However, there was no intention or ability to provide loans at a low interest rate even if they receive cash from the victim as a result of the purpose of deceiving the victim by deceiving the victim through the Bosing method.
Nevertheless, the person under whose name the victim was accused of the victim as above and was transferred 12 million won to the new bank account (C) in the name of the defendant on August 21, 2019 for repayment of loans around 11:00 on August 21, 2019.
The Defendant, even though he was aware that it was used for the crime of Bophishing fraud in order to assist the Defendants in committing the above crime of fraud, was committed on August 21, 2019 by withdrawing KRW 12 million deposited by the victim as a check on August 21, 2019, according to the order of the person who was unable to receive his name, and exchanged the said check with 10,000 won in cash and delivered it to the person who was instructed by the person who was unable to receive his name, thereby facilitating the commission of the crime of fraud of the person who was unable to obtain his name.
2. On August 21, 2019, at around 10:00 on August 21, 2019, a person who was named and omitted for an organization for fraud assistance against the victim D, made a false statement to the victim D, stating, “A loan may be made up to KRW 30 million per annum. It is possible to obtain a loan from the credit card company, and after receiving a loan from the credit card company, we should deposit it in the account notified by us.”
However, there was no intention or ability to provide loans at a low interest rate even if they receive cash from the victim as a result of the purpose of deceiving the victim by deceiving the victim through the Bosing method.
Nevertheless, there is a need to do so.