beta
(영문) 대전지방법원 천안지원 2017.11.30 2017고단1280

사기방조

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 2, 2016, the Defendant: (a) received a proposal from a member of the staff of the Red Financial Fraud (hereinafter “Sishing”) that “on deposit of money, upon deposit of money, the Defendant would have paid 4 million won or more as monthly salary on the face of the preceding year to our employees; and (b) knowingly received the money from a person without a name, etc. to receive the money from the Defendant through the Defendant’s account (CC) by receiving the money from the Defendant; and (c) attempted to assist the Defendant to commit the commission of the phishing organization by delivering the money to the person without a name, who is a book of collection of the phishing organization.

On December 2016, 2016, the nameless scaming staff is a national bank agency E, who calls the victim D at a non-displace.

It is intended to exchange existing loans at a low interest rate of 20 million won and provide loans to 20 million won.

The credit rating of the existing loan will be increased, and the deposit of KRW 10 million to the Agricultural Cooperative A’s account, a person in charge of the Savings Bank’s account, is false, and it was transferred from the victim to the Defendant’s account on the 26th of the same month.

On December 26, 2016, the Defendant: (a) withdrawn a total of KRW 20 million, including KRW 10,000,000,000,000,000, from the Agricultural Cooperative of the Republic of Korea to the Defendant’s account; and (b) delivered to the said Agricultural Cooperative’s collection book on the road of the Agricultural Cooperative of the Republic of Korea, the Defendant assisted the Defendant to commit the commission of fraud, such as a false name, by aiding and abetting the Defendant.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written complaints and statements of D;

1. Application of Acts and subordinate statutes to confirm the results of electronic financial transfer, and details of account deposit and withdrawal;

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 32(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. Article 62(1) of the Criminal Act on the suspension of execution (the defendant and his defense counsel);