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(영문) 서울동부지방법원 2020.02.05 2019고단3656

사기방조

Text

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.

Reasons

Punishment of the crime

On August 2, 2019, the name omitted person, who is the cause of the Singishing organization, called the victim B by phoneing to the victim B and misrepresenting the C Bank staff, and called the "on a low interest rate when using the loan from other financial institutions," and let the victim install the app to which the source of the mobile phone is unknown, and then, the victim assumes the staff of the D Bank and call the phone, and report it to the Financial Supervisory Service as to whether "within 6 months after obtaining the loan from the D Bank, it is in violation of the loan from other financial institutions, and is receiving the examination of the loan from the D Bank, and the amount of KRW 18 million from the D Bank to the virtual account."

However, in fact, the person who was not a member of the CB or DB, was not an employee of the CB or DB, and only for the purpose of deceiving the victim by deceiving the victim through the Bosphishing method, and did not have the intention or ability to prevent the loan by means of low

Nevertheless, the person under whose name the person under whose name the victim was accused was transferred to the E-bank account (F) in the name of the defendant from the victim by deceiving him/her as above, and then he/she received KRW 18 million from the victim.

The Defendant, at around 10:40 on August 2, 2019, transferred the money that the victim transferred to the account in the name of G bank (H) in order to assist the Defendant in committing the above fraud, and then withdrawn 50,000 won via the bank source from the counter of G bank Gun branch in Gwangjin-gu Seoul Special Metropolitan City, through the bank source. In an envelope, the Defendant, at around 11:00 on the same day, posted it in the envelope and delivered it to the 40-party collection books adjacent to the 7th head office adjacent to the G bank Gun branch in the name of the Defendant, thereby aiding and abetting the Defendant’s fraud by facilitating the commission of the crime.

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the remittance receipt, the notice of review on the prevention of scam and the copy of the decision not to prosecute;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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