사기방조
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant, even though he could have known the fact that the money deposited in the account of the defendant was the amount of damage caused by the crime of the crime of the singishing fraud, he could only remit the said money to another account according to the instructions of the singularly wounded, so the defendant had the intention to commit the crime of aiding and abetting and abetting the singularly in relation to the singishing fraud. Therefore, the judgment of the court below which acquitted the defendant without any negligence is erroneous in matters of law
2. Determination on the grounds for appeal
A. The summary of the facts charged was as follows: (a) on June 2019, the Defendant: (b) proposed that “the Defendant shall deposit money that the Defendant transferred to the account of the virtual currency exchange by registering the Party as an investment adviser of virtual currency and making its performance; and (c) agreed to assist the Defendant in committing the Bosing phishing crime, knowing that the said proposal could have been committed.”
On June 12, 2019, the above Bosing staff of the person who was killed in the name-free box misrepresented the victim B(31 years of age) by telephone to the victim B(31 years of age) at the unclaimed place, and "A person D had opened a new passbook in the name of the party in Seoul Central District Public Prosecutor's Office and caused the damage of 36 million won by causing fraud. A prosecutor in charge shall send the gold-free question through the prosecutor in charge, and 33 million won should be sent to the Financial Supervisory Service to investigate the transparency of the fund, and then the results of the refund and the loan will also be restored to its original state."
However, in fact, the above investigation staff was not the investigator of the Seoul Central District Prosecutors' Office, and there was no fact that the account in the name of the victim was used for the fraud crime using the passbook.
The person who was unaware of the name shall deception the victim as above and shall be 12:57 on the same day from the victim.