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(영문) 광주지방법원 2019.05.24 2019고단739

사기방조

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The name-free persons are operating a telephone financial fraud (one-time phishing) organization that receives money from victims by misrepresenting the victims to a financial institution, etc. at an unspecified place.

On October 15, 2018, the Defendant received a call from an employee in charge of the above telephone financial fraud organization’s name (one-time “BB bank C”) and notified the FF association account in the name of the Defendant, “A loan is 4% of the loan fee, and the account number will be changed for the loan.” On October 15, 2018, the Defendant informed the FF association account in the name of the Defendant, “A loan will be deposited with money in order to keep evidence.”

On the other hand, on October 17, 2018, the name-free person reads the phone call to the victim G to the effect that “I will act as the H in charge of the loan of the bank. I will loan more amount at a low interest rate if the existing loan is repaid first,” and then, on October 19, 2018, the victim wired 25 million won to the above FF Association account in the name of the defendant.

On October 19, 2018, the Defendant deposited KRW 25 million in the name of G from the “DE” to the “F Association account. To withdraw the full amount of the money and deliver it to the employee who will be sent to the said employee at the 2nd place in the agricultural field. To be asked by the bank staff, he would use the money from the private village G as the real estate price for the loan of the money.” On the same day, at around 11:00 on the same day, the Defendant released KRW 25 million from the J Association in the name of the Defendant to the F Association account in the name of the Defendant at around 11:0 on the same day, and sent it to K who sent the said name in the Gu of Gwangju-gu, Gwangju-gu, by withdrawing KRW 25 million from the Agricultural Station located in the name of the Defendant.

Accordingly, the Defendant recognized that he was committing the crime of phishing by the above persons without his name.