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(영문) 의정부지방법원 고양지원 2017.06.20 2017고단1237

사기방조

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 09:00 on November 10, 2016, the Defendant had an unspecified number of victims transfer money to a specific account by misrepresenting an investigator with the prosecution investigator, and then had the name of the organization called “ Bospishing,” the Defendant received a written message from the name of the organization named “ Bospishing” and contacted the name in the next day, and then received the money deposited into the Defendant’s account, and then received KRW 2,000,000 from the name influent person upon finding the money deposited into the Defendant’s account. On November 15, 2016, the Defendant provided the name influent person with the information on the Nos. (B) of the Nos. 13335, Nov. 15, 2016.

Accordingly, on November 17, 2016, at a place where it is impossible to identify the location of the Defendant, the name name in the host organization of the Ssingish was transferred to the Defendant’s above No. 7 million won to the Defendant’s account in the name of the Defendant at around 15:59 on November 17, 2016, using cell phone (C) to phone calls to the victim D, and “The Party’s account was used as the passbook, and should be investigated as the suspect status, and the Party’s account was in connection with the instant case and then transferred the money in its own account to the safe account.” The Defendant was transferred KRW 7 million to the said No. 300,000 to the Defendant’s account in the name of the Defendant at around 16:07 on the same day, and the Defendant withdrawn KRW 7 million from the F branch near Gyeyang-gu, Seoyang-gu, and delivered the name of the Defendant to G in front of his wife in the middle of the G.

Accordingly, the Defendant provided his account so that he can be used for the commission of the phishing fraud, and saved the phishing fraud by withdrawing in cash the amount of the phishing, which was remitted to his account, and transmitting it to the person who was not his name, thereby making it easier for the Defendant to commit the phishing fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of confirmation of remittance of deposits without passbooks, a currency list, a receipt, a passbook, and a copy of a check shall apply 1.