A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 15, 2019, the Defendant: (a) listened to the statement that “Around July 15, 2019, the Defendant, by raising the transaction performance, shall inform the account number to deposit the loan, and shall withdraw the loan in cash and deliver the account number to an employee under his name in cash if the loan enters the account; and (b) notified the Defendant of the bank account number (C) in his name with knowledge that the above method is not a normal loan method.

After that, on July 17, 2019, the name-freeist called "the National Tax Service's stamp fee of KRW 5,850,000 shall be deposited into the above B Bank account" by telephoneing the victim D at an unsound place, and then he obtained the money from the victim to the above B Bank account.

Although the Defendant knew or could have known that the said money was not acquired through a normal way, such as a criminal act, the Defendant, in accordance with the direction of the person who was unable to obtain the name, aided and abetted the act of fraud of the person who was unable to obtain the said money by withdrawing KRW 5,500,000 among the said money in cash from the B Bank located near the station where the Seoul subway No. 1 was unknown on the same day, and delivering it to the person who was not aware of the name.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Details of account transfer and the application of Acts and subordinate statutes on replys for execution of warrants;

1. Article 347(1) or 32(1) or 32(1) of the Criminal Act that applies mutatis mutandis to the relevant provision of criminal facts, and that Article 32(2) or Article 55(1)3 of the Criminal Act that aided and mitigated punishment;

1. Article 62 (1) of the Act on Suspension of Execution (The following extenuating circumstances deemed favorable for the reason of sentencing):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant again committed the instant crime despite the fact that he/she had recently been investigated by violating the Electronic Financial Transactions Act, and that the Defendant’s participation in the instant crime is a systematic and planned crime.