사기방조
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On December 7, 2015, the Defendant of the instant facts charged, at around 14:00 on December 7, 2015, in telephone conversations with the “C”, a person related to the loan from a new fireworks, to have him/her borrow a loan for living expenses.
Since credit is low, it will borrow money in the form of a loan of money.
However, since the credit rating of the party should be raised, the phrase “the defect that lasts up to the day” was inserted in the new passbook, and the fact that “the above C, etc. want to use the Defendant’s account to proceed with illegal loans by deceiving the bank, etc.” was known, but C, etc. was to provide C with its own bank D account.
After December 9, 2015, 10:30 on December 9, 2015, a member of the telephone finance fraud coordination staff, such as C, is F mother E.
The F did not pay the money to the F in return for the guarantee.
The F shall be paid as soon as he has paid the money.
“Along on 12:54 on the same day from the victim, the victim was transferred KRW 20 million to the Korea bank D account under the name of the Defendant.
On December 9, 2015, the Defendant received the order of withdrawal from the said staff member of the telephone finance fraud broker, and then released the above KRW 19 million from the H branch of the bank located in the second floor of the Songpa-gu Seoul Metropolitan Government G shopping district, and sent it to the female “I” who is another organization.
Accordingly, the Defendant, by facilitating the fraud of those who did not receive the name, has prevented them.
2. Determination
A. The Defendant and his defense counsel’s assertion is not established since there was no principal offender’s intent to commit an illegal loan, such as C, and thus, no aiding and abetting is established.
Even if the Defendant acted as an act of aiding and abetting the crime of telephone financing fraud, it is merely an act of withdrawing and delivering the money deposited in the above passbook in accordance with the instructions of the officer, even if the Defendant acted as an act of aiding and abetting and abetting the crime of telephone financing fraud, by gathering at the end of an employee of the telephone financing fraud fraud who has raised credit rating for the lending of the money.
B.1) Determination is made under the Criminal Act.