사기방조
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The judgment of the court below which acquitted the defendant at least on the charge of aiding and abetting the fraud of this case, based on the evidence, such as the details of the account transaction in the bank account in the name of the defendant, is erroneous in the misunderstanding of facts and legal principles.
2. Determination
A. On July 4, 2017, at around 14:00 on July 4, 2017, the name influor of the instant facts charged stated that “A victim C was a DNA investigator within the Korean National Police Agency cyber within the Seoul Regional Police Agency, whose name was stolen, and is under investigation; and that the money deposited should be withdrawn and transferred to the State account.”
However, a person who was not a police officer was not a witness of fact.
Nevertheless, at around 15:56 on July 4, 2017, when deceiving the victim C as above, he received KRW 16 million from the victim C with the account (E) opened by the defendant under the name of the defendant, KRW 2.8 million with the above account around 18:50 on the same day, and KRW 2.8 million with the above account around 09:49 on July 5, 2017 and KRW 28 million with the above account.
On July 5, 2017, at the 09:49 no. o.m., a person who has no name is obliged to pay a part of the funds in advance to the victim F in order to implement a refund loan in a manner that it is possible to grant a loan of KRW 40 million.
“A false representation was made.”
However, in fact, the person who was not a new person was not an employee of the new person, and there was no intention or ability to provide the loan.
Nevertheless, as seen above, a person who is not aware of the name was accused of the victim F and was paid 5 million won to the bank account (E) of the Defendant’s name on the same day from the victim F.
On June 27, 2017, the Defendant listened to the remarks of a person who was unable to receive a loan at a closed spot, sent the details of the account transaction to the said bank account under his/her name to the person who was unable to obtain the loan, and then again sent the details of the account transaction to the said bank account under his/her name to the person who was unable to obtain the name.