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(영문) 수원지방법원 성남지원 2017.03.09 2016고단3700

사기방조

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 22, 2015, the Defendant received a telephone from a person who was named in the name of the Defendant (a person named B B B) to the effect that “I would make a loan by making the details of the transaction, so if the money is deposited in the passbook, I would withdraw the deposit in cash.” It is not a normal loan method to make the details of the transaction as above, but a letter of delegation to repay the debt, with the name of the Defendant’s bank account number (D) in the name of the Defendant, was accepted, even though he was aware that the account of the Defendant was used for the crime of phishing, and then sent the letter of delegation to the said person by facsimile.

After that, on October 19, 2015, the person who was unaware of the name will provide the victim E with a loan if he/she remitted funds necessary to enhance the credit rating.

"Along with the purport that it is a false statement, it received KRW 3 million from the victim E to the Saemaul Treasury account in the name of the above defendant on October 26, 2015. From October 20, 2015 to the victim F, the victim F makes a false statement as above, and it was transferred from the victim F to the new bank account in the name of G on October 23, 2015; KRW 6 million from October 23, 2015 to the H bank account in the name of H on or around October 26, 2015; KRW 8.4 million from the above defendant Saemaul Bank account in the name of the above defendant on or around October 26, 2015; and KRW 3 million from the victim on October 23, 2015 to the above bank account in the name of the victim F; and KRW 100,000 from the victim on October 23, 2015 to the victim on March 25, 2015, respectively.

On October 26, 2015, the Defendant was ordered to withdraw the money deposited in the account from the person without the name of the Defendant and deliver it to the proxy of the name of the Defendant. On the same day, around 14:03 of the same day, the Defendant withdrawn KRW 9 million from the branch of the Saemaeul Credit Cooperative in 24, Gangcheon-si, Gyeonggi-do around 14:03 and one name K.