사기방조
A defendant shall be punished by imprisonment for six 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 September 4, 2018, the Defendant: (a) received a proposal from an employee of the telephone financial fraud organization in a name-free place, stating, “The person in charge of money exchange of the casino company in Makao. The said casino company requires a bank account for money exchange; and (b) if the said casino company withdraws money remitted to the Defendant’s bank account and then again delivers it to the said casino company, the Defendant would give KRW 100,000 per case.”
Although the Defendant was aware that the bank account in the name of the Defendant, which was provided to the above person under the name of the Defendant, could be used for the commission of the phishing crime, on September 20, 2018, the Defendant notified the said person of the bank account in the name of the Defendant at a non-dissceptic place and promised to withdraw the money deposited in the said account and then again deliver the money.
On September 20, 2018, the above person under whose name the victim was named “B Bank E team leader. The customer N.N. may lend up to 5.3% interest to 70 million won by telephone to the victim D. However, the customer N.N. may not grant a loan to the customer. However, credit balance is insufficient. To repeat the deposit and make a loan again, I would like to draw up an ordinary point, and send money to the account known.”
However, in fact, the above person who is not an employee of the B Bank is not an employee of the B Bank, but the victim did not have the intention or ability to borrow money from the victim under the pretext of raising transaction performance for lending.
On September 20, 2018, the person who was unaware of the above name was transferred KRW 12 million from the victim to the above B Bank account under the name of the defendant, and the defendant tried to withdraw KRW 12 million deposited into the above B Bank account at the same branch of the B Bank located in Dongdaemun-gu Seoul on the same day according to the instructions of the person who was not entitled to receive the name, but failed to withdraw the above B Bank account at the wind where payment is suspended.
As a result, the defendant aided and abetted the crime of fraud of a person who has not received a name.
Summary of Evidence
1. The defendant;