사기방조
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 1, 2019, the person under whose name the statement was made was made as a member of the organization of the named “Singishing”, and the Defendant was made a proposal that “one million won will be paid in return for changing the money deposited into the account into a merchandise coupon by telephone from the person under whose name the statement was made in the name was not more than Daegu, Daegu, to the merchandise coupon.”
In the past, the Defendant considered that the money deposited as above can be the fraud fraud, such as the case where the cash card, etc. transferred by the Defendant was used for the phishing fraud, and there was a record of punishment for the violation of the Electronic Financial Transactions Act. However, upon accepting the above proposal, the Defendant informed the account number of the B association account (C) in the name of the accused.
On October 1, 2019, the name-free person misrepresented the victim D by telephone and misrepresenting the victim D's staff, and falsely concluding that "the existing loan is paid at low interest by depositing it in an account designated to repay it." This was obtained from the victim to the above account in the name of the defendant, 16.3 million won, from the victim to the above account in the name of the defendant, and 5.5 million won from the F E Bank account in the name of the defendant on the same day, and from October 2, 2019, 5.5 million won was remitted to the H bank account in the name of the defendant.
On October 2, 2019, from around 10:09 to around 10:17, the Defendant transferred 12 million won out of 16.3 million won deposited into the account in the name of the Defendant’s name to another account in the name of the Defendant’s name at the Lbank merchant in Daegu-gu L Bank, Daegu-gu, and used 4 million won for the Defendant’s personal debt repayment purpose.
Accordingly, the defendant assisted and aided the crime by providing the defendant's name account in order to assist the victims by deceiving the victims as above, and by facilitating the crime.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements;
1. The recording of a telephone call shall be 1.3% of the data, the details of telephone calls, and the details of account transactions;