사기방조
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) was aware of the Defendant’s participation in or aiding in the so-called Bosing crime.
Although the court below rendered not guilty of the facts charged in this case, the court below erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment.
2. Judgment on the grounds for appeal
A. On May 8, 2017, the summary of the facts charged in the instant case is that the Defendant would be able to obtain a loan by withdrawing and conveying the money deposited in the account under the name of the Party as it is necessary to create a large number of transaction performance in order to obtain a loan from a name in the name in the name of one savings bank C (hereinafter “one name C”) who assumes the name in the name of one savings bank (hereinafter “one name C”).
“Around 09:40 on May 10, 2017, one person accepted his proposal with the knowledge that the account under the name of the Defendant will be used for the so-called phishing crime. Around 09:40 on the part of May 10, 2017, one person sent a name-free box who assumes the name-free box who assumes the “NH Bank Staff D” (hereinafter “one person D”) by possessing a passbook, etc. in the name of the Defendant in the middle-gu Seoul Central Bank account, Jung-gu, Seoul. Around 10 on May 10, 2017, one person sent the said passbook to the same person at the non-commercial coffee shop near it.
At around 11:44 of the same day, an employee in charge of singing one’s name unreshing may, by misrepresenting “G investigators of the Seoul Central District Prosecutors’ Office” by telephone to the victim E, etc., both of the money in the personal account because the personal financial information has been leaked and the credit card has been issued.
In addition, all transfers of balance to the account in the name of A.
“Falsely speaking, from the injured party, 25 million won was transferred to the NH Nong Bank account in the name of the Defendant at around 14:04 on the same day from the injured party, and 40 million won was acquired in total through the same account at around 15:40 on the same day, and 65 million won was acquired.
The defendant continues to do so at around 14:50 on the same day according to the direction of Jung-gu Seoul.