On April 24, 2019, the Defendant sent a false text message to the victim B at a place not known to him/her at least 12:00, to the effect that the payment was made in the name of the victim abroad, and the victim who received the above text message made a false statement to the effect that “the Defendant would prevent the singishing damage through the receipt of the report to the Baber National Police Agency and the confirmation of the relevant facts to the Financial Supervisory Service.”

However, in fact, because those who did not know the National Police Agency and the Financial Supervisory Service misrepresented the victim's name, they were aware of the password, etc. of the account in the victim's name and were thought to acquire the deposit in the victim's account by transferring it to the Cbank account (Account Number D) in the victim's name, there was no intention or ability to report the scaming.

Nevertheless, as seen above, the false statement in name was transferred to the victim by April 24, 2019, including the transfer of KRW 15 million to the Cbank account in the name of the defendant around April 24, 2019, by deceiving the victim and identifying the account number and password of the E Bank account in the name of the victim, and the OTP number, etc. from the victim. < Amended by Presidential Decree No. 20720, Apr. 24, 2019>

On April 19, 2019, the Defendant informed the Defendant of the account number in the name of the Defendant to the employees of the Defendant, and, with knowledge of the fact that the said account is used for committing the crime of Bophishing, in order to assist the Defendant’s above fraud, the Defendant was unaware of the name, at around 20:53 on April 24, 2019, 14,990,000 won deposited into the said Cbank account in the name of the Defendant. < Amended by Act No. 1624, Apr. 24, 2019; Act No. 1624, Apr. 16, 2019>