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(영문) 창원지방법원 밀양지원 2019.09.05 2019고단117

사기방조

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 26, 2018, at a place where a place is unknown, the Defendant received a proposal from a person without a name, stating, “I would give a loan to a person designated by the Defendant by informing him/her of whether he/she would normally use the account and withdraw the money deposited in the account and deliver the money to him/her.” The Defendant notified him/her of the B Bank Account Number (C) in the name of the Defendant in order to assist him/her to use the money for the so-called “Sing” crime by deceiving the account under the name of the Defendant by telephone to many unspecified persons and misrepresenting the financial institutions, etc.

On August 27, 2018, the person in poor name assumes the position of E bank staff by telephone to the victim D on August 27, 2018, and falsely concluding that “a new loan can be made to repay the existing loan due to low credit rating; a new loan will be made if a loan is repaid in the amount of KRW 7 million borrowed from F, will be made.” This was transferred from the victim to the above B bank account in the name of the defendant around 11:50 on the same day as the loan repayment.”

On August 27, 2018, the Defendant withdrawn KRW 4 million, which was transferred to the said B Bank account in the name of the Defendant according to the direction of the person who was unable to perform his/her duties, from the B Bank located in Syang-si, G on August 27, 2018, and issued the order to the person who received the order of the said person who

Accordingly, the defendant provided an account to help the above victims by deceiving the above victims and by deceiving 4 million won as above, and assisted the crime by delivering the defrauded money to the person who was not the name, thereby facilitating the crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Details of transactions of automation machinery and tools, and details of replies to B bank accounts;

1. A copy of the passbook and the defense counsel shall be able to deposit and withdraw the account of the defendant when the defendant wishes to borrow a loan from his nameless person;