사기방조
The punishment of a defendant shall be eight months.
The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 31, 2019, the Defendant received a proposal from an employee in charge of scaming, who contacted with the Defendant’s cell phone, to withdraw the money deposited in the account under the Defendant’s name in cash and exchange it with merchandise coupons and then deliver it to the designated person, and then, notified the name not given person of the Defendant of B’s account number (C) in the name of the Defendant.
In accordance with the above lending procedures and instructions, the Defendant knew that the method of exchanging a large amount of money with a department store store and delivering it to a person with no name is abnormal, and did not have to confirm whether the lending company to which the person with no name belongs was actually in existence. Therefore, the Defendant recognized that the money deposited in the Defendant’s account can be the damage amount for the crime of Bophishing fraud.
On October 31, 2019, an employee of Bosing Singing on his name made a false statement to the effect that “to grant a low interest loan. To this end, repayment of the existing loan will be made.” The employee made a false statement to the effect that he received KRW 10 million from D from the Defendant’s bank account in the name of the Defendant’s name on the same day, and made a withdrawal of KRW 10 million from the Seoul Non-Seoul Bank’s branch as a check on November 1, 2019, and then delivered a gift certificate of KRW 10 million in the name of the Defendant’s bank account in the name of the Defendant’s bank account in the name of the Defendant’s bank account. On the same day, the employee made a withdrawal of KRW 10 million from the Seoul Non-Seoul Bank’s branch as a new global gift certificate.
The Defendant aided and abetted the criminal act of deceiving the victim D by deceiving the victim's 10 million won.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Application of Acts and subordinate statutes governing a certificate of deposit;
1. Article 347 (1) and Article 32 (1) of the Criminal Act, which provides for the legal provisions concerning the facts constituting an offense;
1. Suspension of execution under Article 62 (1) of the Criminal Act;