A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On July 2019, the Defendant proposed that the Defendant work as a so-called “cash collection book” from an employee of Bosing Tishing, and accepted it.

On August 13, 2019, at least 11:00 on August 13, 2019, the name-free person misrepresented the victim W by telephone to “X bank” staff at a place where the location is unknown, and falsely called “the existing loan will be repaid to the designated account.” The existing loan will be repaid to the designated account.” On August 13, 2019, the victim received KRW 29.1 million from the victim to the IB bank account (Z) account in the name of Y, and ordered Y to withdraw the money and deliver it to the Defendant.

On August 13, 2019, the Defendant: (a) knew of the deception of the victim by deceiving the victim as above and, in order to assist the defrauded, received YY around August 13, 2019, around 13:57, in front of the “I Bank” ATM instrument located in Gangnam-gu Seoul, and remitted the said money to the account that is directed by the winners of the name.

Accordingly, the Defendant aided and abetted the above fraud by facilitating the above fraud of the person who was not killed in the name.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police officer about Y;

1. Written statement by the police;

1. Application of Acts and subordinate statutes to investigation reports (the result of execution of a warrant of search, seizure and inspection No. 2019-9919);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 347 (1) and 32 (1) of the Criminal Act which choose a penalty;

1. The reason for sentencing under Articles 32(2) and 55(1)3 of the Criminal Act for mitigation of aiding and abetting can lead to considerable damage to an unspecified number of unspecified persons within a short time. Since arrest of the offender or recovery from damage is difficult after the commission of the crime, social harm is very high.

In addition, even if the act of the defendant was caused by the act of aiding and abetting the economic benefits of the Bosing crime, the degree of his participation can not be considered to be weak.