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(영문) 의정부지방법원 2020.11.13 2020고단3198

사기방조

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 20, 2019, the Defendant: (a) received a proposal that “a low interest loan may be granted, and the details of transactions are too insufficient; (b) will be sent to the employee who withdraws and delivers the money to the employee who sent the money; and (c) notified the Defendant’s B account (C) to deal with illegal acquired money, such as singing, singing, etc.; and (d) attempted to withdraw and deliver the money deposited in the Defendant’s account in accordance with the direction of the person who received the false name, despite recognizing that the said person was willing to use the money.”

On December 15, 2019, a name-free person published a loan advertisement to Pice north, and reported it to the victim D who applied for loan counseling, and falsely made a false statement to the effect that "a loan will be provided at a low interest rate of 24 million won with a loan to a low interest rate of exchange." The name-free person sent a false statement to the effect that he/she shall be connected to an AP address and install apps, and that he/she shall increase the credit rating per party, and shall be immediately repaid after he/she received a loan from other financial institutions."

However, the person who is not aware of the fact did not have the intention or ability to get the loan to the victim.

On December 30, 2019, the name-free person was transferred from the victim to the above B account in the name of the defendant around 13:26.0 million won.

On December 30, 2019, the Defendant, at around 15:23, remitted the said money to the Defendant’s E bank account (F) in compliance with the orders of the said person without his/her name, and then delivered the money to the Defendant’s E Bank account (F) on December 30, 2019, and on December 30, 15:23, 2019.

Accordingly, the Defendant aided and aided the criminal act of fraud by the personnel using name phishing assistance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the defendant;

1. Application of Acts and subordinate statutes governing the submission of written statements to victims;

1. Relevant Articles of the Act concerning the facts constituting the crime;