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(영문) 대전지방법원 홍성지원 2018.08.28 2018고단470

사기방조등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer the access medium unless otherwise specifically provided for in any other Act in using and managing the access medium;

Nevertheless, around May 2017, the Defendant transferred the access media by delivering one head of the physical card connected to the Agricultural Cooperative Account under the name of the Defendant and one password to the non-name-based individuals at the non-name-based main point of the trade name located in the Chinese Jindo.

2. On July 2017, the Defendant: (a) received a proposal from a nameless person who plans to commit a telephone financing fraud to transfer money deposited in the Defendant’s account from another account; and (b) attempted to commit a crime by a nameless person.

On July 12, 2017, an employee in charge of telephone financing fraud misrepresented the victim D by phone call at a non-displace and falsely called “if a person receives a loan from another company and makes a temporary repayment of the loan at the same time, he/she would make a temporary repayment of the loan up to 16 million won to an account under his/her name.”

On July 14, 2017, around 12:32, 2017, the above officer received five million won from the injured party to the IBK enterprise bank account in the name of E, and the E, in receipt of the above officer’s instructions, withdrawn the above money and delivered it to F, who is a book of delivery of the money, and the F remitted 4.5 million won out of the above money to the Defendant Nong Bank account (C) from 13:23 to 13:29 on the same day.

Since then, according to the above officer's instruction, the defendant transferred the above 4.5 billion won to the national bank account in the name of G around 13:33 on the same day from the French branch.

Accordingly, the defendant was aware that he was aware that he was guilty of fraud, thereby facilitating the crime of fraud by remitting money to G name accounts with the awareness that he was guilty.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the protocol concerning the examination of suspect with respect to F; and