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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
[Basic Facts] On September 20, 2019, the name inconsceptist, who is the cause of the Boscam organization, called the victim B by telephone at a non-place, and falsely speaked to the effect that “It is possible to lend a low interest-based ordinary loan if repayment is made to the account known with the card theory.”
However, in fact, only the victim did not intend to use the loan arbitrarily with money.
The above person who was unaware of the name was accused by deceiving the victim as above and was transferred KRW 16.2 million to the bank account (E) in the name of the defendant on the same day.
[Criminal Facts] The defendant is a criminal defendant
9. The first police officer received a proposal that “C Bank F. F. F. F. Financial Transaction Performance Stockpiling to open a passbook to be opened, and if money is deposited into money, withdrawal of the deposit and delivery of the head of H of the G company would comply with the proposal.”
Although the Defendant was anticipated that such an act may constitute a crime of phishing, the Defendant, according to his direction, released KRW 16.2 million deposited in the Defendant’s account at the D Bank’s monthly conference branch located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul at around 10:48 on the 20th day of the same month as above, and then exchanged the said check in cash at the C Bank’s street station located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, at around 11:00 on the same day, and then delivered it to the assistance staff who sent the above name in advance from the L Store located in Jung-gu, Seoul.
As a result, the Defendant aided and aided the crime of scaming by the above persons without his name.
Summary of Evidence
1. Partial statement of the defendant;
1. Examination protocol of the accused by prosecution;
1. B written statements;
1. A certificate of deposit, a copy of the passbook, and a Kakao Stockholm dialogue;
1. Application of the Act and subordinate statutes to a report on investigation (the confirmation of the details of conversation with the defendant);
1. Relevant provisions concerning facts constituting an offense;