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(영문) 서울중앙지방법원 2017.09.15 2017고단2284

사기방조

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2016, the Defendant listened to the purport that, by telephone, “20 million won loans may be granted to a person without a name (the name “C team leader” and “D team leader,” the Defendant would make a loan if he/she establishes a performance by withdrawing the deposited money and delivering it to “E agency,” and he/she would make a loan.” The Defendant expressed the account number (F) of Defendant in his/her name to the Defendant’s National Bank account, and expressed his/her intention to withdraw the money deposited to the said national bank account of the Defendant and deliver it to another person without a name (the “E agency”).

1. On October 21, 2016, the influor of the name influor of assistance in fraud against the victim G made false statements to the victim G that “a person would make a loan to the said national bank account under the name of the Defendant, at around 25:20 of the same month, to the extent that “a person would make a loan to pay KRW 16 million if he/she deposits KRW 16 million.” In short, at around 20:12:20 of the same month, the victim was transferred KRW 16 million to the said national bank account under the name of the Defendant.

On October 25, 2016, the Defendant received a message that KRW 16 million was deposited from a person in the name of the deceased at around 12:37, and knew that the said message was acquired due to criminal acts, the Defendant, despite being aware that the said money was acquired due to the criminal acts, withdrawn KRW 16 million, which was remitted by the injured party at the same branch of the Korean Bank, the Mapo-gu Seoul Mapo-gu New Village, and sent it to another person in the name of the deceased (E).

As a result, the Defendant aided and abetted the crime of fraud by deceiving the victim by deceiving him under the Bosing method, thereby facilitating the crime of acquiring property.

2. On October 24, 2016, the influor of the name influor of aiding and abetting fraud to the victim H, by calls from the victim H to the National Federation and misrepresenting the employees of the National Federation of Nonghyup, and “a loan is possible at low interest, and a credit rating is paid immediately with credit loans to raise credit rating.

After obtaining a card loan, the account password and the OTP password are.