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(영문) 서울북부지방법원 2016.08.12 2016고정813

사기방조

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

. 2016 fixed 813

1. On July 1, 2015, the Defendant: (a) heard the rumor that “To obtain a loan from a person who assumes a false name as a lending business entity, the Defendant would create a large number of transaction records; (b) withdraw the money deposited in the Defendant’s account; and deliver it to the employee who sent the money to the Defendant; and (c) subsequently, accepted the proposal of the person who was aware that the said person would use the Defendant’s account in the name of the Defendant for the commission of a single scaming.

On July 2, 2015, 2015, the person under whose name the victim was made calls to the victim I and misrepresented to the J prosecutor's office of the Seoul Central District Public Prosecutor's Office, and "in order to verify whether the passbook was used in the crime of fraud, the account used by the party must be investigated, and therefore, the money in the account should be remitted to the account designated by him/her, and the money in the account will be returned again without any error after the investigation." On the same day, at around 12:10 on the same day, the person acquired the money from the victim to the account (K) of the foreign exchange bank in the name of the defendant from 25,51,980 won.

Thus, the defendant, around 12:30 on the same day, withdrawn KRW 25.5 million deposited in the above account under the name of the defendant at the location of the foreign exchange bank located in 1655, Nam-gu, Seoul Special Metropolitan City, to the employee who sent the above name.

As a result, the Defendant aided and abetted the crime of fraud of a person who was not his name, by facilitating the crime in acquiring 25,511,980 won from the victim as above.

. 2016 fixed 1079

2. On July 2, 2015, at around 10:30 on the phone, the victim was misrepresented to undergo a M inspection at the Seoul Central District Public Prosecutor's Office, referring to the name and personal information of the victim and thus, the passbook was opened to commit the fraud, and thus, the victim should be transferred to the safety account. On the same day, around 11:07, the victim is the Saemaul Bank in the victim's name using the Internet banking.