사기방조
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal submitted by the prosecutor, the court below found the defendant not guilty of the facts charged, on the ground that it was found that the defendant knew that his account could be used for fraud at least in the case of negligence, and knew his account to the person with no name, and that he could easily commit fraud by withdrawing and delivering the victim F's money deposited in his account as ordered by him. Thus, the court below acquitted the defendant of the facts charged.
2. Main and ancillary facts charged;
A. On May 14, 2018, the Defendant, who was not guilty of the lower court, received a proposal to the effect that “only if the credit was low and if there was transaction results, it would be possible to use the money to transfer the funds to the account of the Company B to the account, and would deposit KRW 25 million to the account at the time of the completion of delivery, and would make interest in accordance with the market interest rate.”
However, the Defendant had been well aware of the loan process in the past by receiving several loans in the past, but at the time, the Defendant did not instruct the Defendant to prepare any documents related to the loan, and did not clearly set the interest rate at a time only, and did not have determined it. The Defendant had been damaged by the Defendant’s criminal act of Bophishing prior to several years, and the Defendant already got a loan at a low interest rate by withdrawing in cash the money transferred from the Defendant, which was extremely low credit rating of 10 to 11, and delivering it to the first employee to the Defendant who was first viewed as having been transferred at a low interest rate, is not a general loan, but a so-called Bophishing crime.