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(영문) 서울북부지방법원 2017.02.07 2016고단5286

사기방조

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of eight months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A around June 12, 2016, from a name inf company G agency (hereinafter “F company G agency”) who assumes the name inf company G agency (hereinafter “F company G agency”), “I would make a daily payment if the document was delivered,” and “I would like to inform the F company G agency of the daily deposit account from “F company G agency” on June 13, 2016, and then inform the Defendant A of the account number (H) of the Defendant’s bank account number (H), the post office account number (I), and the new bank account number (J) account number.

After that, on June 15, 2016, Defendant A accepted its proposal with the knowledge that “K will use one of its own accounts for the commission of a phishing crime” from a nameless winner who assumes the name “K” (hereinafter “FF company staff K”) who assumes the name “K” (hereinafter “K”), and that “K will withdraw and deliver the money deposited in the party’s name account as ordered by the payment.”

Meanwhile, on June 10, 2016, Defendant B accepted the proposal, even though he was aware that he was involved in the commission of the phishing crime, that “I would pay a daily allowance if the delivery of documents was performed by the F employee,” and that “I would pay a daily allowance if the cash delivery was performed by the F employee” on June 15, 2016, and that he would be involved in the phishing crime.

1. The Defendants’ joint crime - The scam scam scam scaming employee in the name of the victim L - falsely assumes the victim “the employees of the Nonghyup Bank” by telephone around June 15, 2016, and falsely assumes the victim “the transfer of money to the account designated by the Nong Bank to obtain a loan” and received a remittance of KRW 12 million from the victim’s new bank account under the Defendant A around 09:58 on the same day.

On the other hand, Defendant A is in Seocho-gu Seoul, from 10:41 on the same day to 10:47 on the same day according to the direction of “K of F Staff.”