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(영문) 대구지방법원 안동지원 2019.07.03 2019고단90

사기방조등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On October 2018, 2018, the Defendant received text messages related to loans at a non-permanent location, and then called “B head of the team team” by posting the above phone number, the Defendant sent his/her account number to a person with bad credit standing and notified him/her of his/her bank account number. The Defendant sent his/her check card under the name of the Defendant, and, if the account number is notified, would deposit the loan with the passbook.”

On October 31, 2018, the name-free person misrepresented the victim D with the “B team leader” of the E company by putting a phone at a non-displace, and notified the Defendant’s account number in the name of the Defendant, stating, “Any partial repayment of existing loans may receive a loan of KRW 8,600,000 at 7.6% to 125,00,000.”

However, in fact, the person who was not a E company employee was not a victim, and even if he received money from the victim, he did not have the intent or ability to provide a low interest loan to the victim.

On November 1, 2018, the person who was unaware of name had the victim enticed, and caused the victim to transfer the amount of KRW 8,600,000 to the above C Bank account (F) in the name of the defendant designated by the person who was unaware of name, and ordered the defendant to withdraw the said amount.

As the Defendant was punished for violating the Electronic Financial Transactions Act, he was well aware of the structure and method of the crime of using the name phishing, and even though he was aware that he was not the loaner at the time of withdrawing the money from the G bank account under the name of the Defendant on October 31, 2018, at the time of the withdrawal of the money from the said G bank account under the direction of the above name phisher, the Defendant assisted the Defendant to commit the crime of fraud of the name phishing by withdrawing KRW 1,00,000 out of the money deposited by the victim under the direction of the name phisher, and depositing it into the I bank account under the name H of the limited liability company designated by the non-member.

"2019 Highest96"

1. Any person who violates the Electronic Financial Transactions Act;