beta
(영문) 인천지방법원 2015.09.09 2015고단4345

사기방조

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 3, 2015, at around 12:22, 2015, the name omittedist, who was the Bosing Fraud, called “D prosecutor’s office of Seoul District Prosecutors’ D. D. The case of leakage of personal information of national bank in the last year is that CC account was stolen. Since money in CC account is dangerous, it would be kept for five years if transferred to a third party account managed by the Financial Supervisory Service.”

However, in fact, since the victims' account was not the D prosecutor of Seoul District Prosecutors' Office and the victim's account was stolen, it was thought that the victim's account was personally used even if it was transferred money to the account designated by the victim.

Nevertheless, the person who is not eligible for the name was immediately transferred from the victim to the post office account (E) account in the name of the defendant.

In order to assist the Defendant in committing the above fraud, the Defendant provided the above post office account to the person who was unaware of the name, with the knowledge that the passbook transferred by the Defendant was used for the crime of Bophishing fraud, and withdrawn the above KRW 30 million from the 1,000,000 from the 1,000 subsidiary post office of Seocheon-gu, Seocheon-gu, Busan, on April 3, 2015, and, i.e.,, by delivering KRW 30,000 to the person who was unaware of the name, and receiving KRW 30,000,000 at the expense, thereby aiding and abetting the Defendant to commit the crime of false name, by facilitating the crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. A copy of a bankbook;

1. Determination as to the assertion of the defendant and his/her defense counsel regarding the investigation report (a copy of the suspect interrogation protocol)

1. The defendant's withdrawal of KRW 30 million as stated in the judgment of the court below and delivery of it to the person who was not aware that the above KRW 30 million was caused by the singishing crime. Thus, the defendant did not have the intention to assist the defendant and the principal offender did not have any intention.

2. An act of aiding and abetting under the Criminal Act is committed by a principal offender.

참조조문