사기방조
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 26, 2019, the Defendant: (a) received a proposal from a singinging employee on his name in a telephone to “to lend a loan by raising credit rating by making a transaction performance; and (b) to withdraw money deposited in a new account and deliver it to the designated person by him; and (c) was willing to withdraw and deliver the money deposited in the Defendant’s account in accordance with the instructions of the above singing employee, even though the Defendant knew that the said singing employee would want to use the money so as to handle the money illegally acquired, such as the singing, etc.
On August 27, 2019, the name-freeist made a false statement to the effect that “The lending of low interest rate is to be made if the existing loans are repaid” while misrepresenting the victim B by telephone to the victim B.
However, the person who is not aware of the fact did not have the intention or ability to get the loan to the victim.
From the victim on the same day at around 10:46 of the same day, the person under whose name the victim was named was transferred KRW 15,520,000 to the E Bank Account in the name of D; KRW 6,00,000 to the G Bank Account in the name of F on August 28, 2019; KRW 5,00,000 to the E Bank Account in the name of H on the same day at around 16:24; KRW 5,000,000 to the E Bank Account in the name of H on August 29, 2019; KRW 9,700,000 to the E Bank Account in the name of I on August 13:41, 209; and KRW 12,00,000 to the J Bank Account in the name of the Defendant around 15:08 on August 30, 209.
On August 30, 2019, the Defendant, at around 15:30 on August 30, 2019, withdrawn in cash the above KRW 12 million deposited in the Defendant’s JJ union account in Gwangju Mine-gu L, and then delivered to the person under whose name the name the Defendant was named.
Accordingly, the Defendant aided and aided the criminal act of fraud by the personnel using name phishing assistance.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Medical fraud prevention statement;
1. Kakao Stockholm letters;
1. Certificates of deposit;
1. The contents of the Kakao dialogue;
1. Application of Acts and subordinate statutes on response materials by financial institutions;
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;