beta
(영문) 서울서부지방법원 2020.01.08 2019고단3651

사기방조

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 9, 2019, the Defendant received an instruction from a name-free purchaser, who became aware of via the Internet job seeking site B, to “be paid KRW 120,00 won per day if he/she purchased a cultural product right at a merchandise coupon store, and then then sent the fin number of the merchandise coupon to himself/herself.”

On August 16, 2019, in the case where the Seoul Western District Prosecutors' Office suspended indictment for the crime of aiding and abetting fraud, the Defendant heard the horses of those who had no name or intent to borrow a loan by accumulating transaction records, and had experience in withdrawing and delivering the money deposited in the account under the Defendant's name. Therefore, in this case, the Defendant thought that the money remitted from the person who was not the name of the Defendant may be the damage amount, and helps the Defendant commit the crime of the person who was not the name of the victim.

On September 10, 2019, the person under whose name the victim was named as the victim C by telephone at an unsound place, "it is possible to lend a low interest rate to the employee of the D bank, but only three million won are due to repayment of a part of the loan already received from the E bank, so that they can transfer the loan to the account notified by them."

However, in fact, the person who is not an employee of the D Bank is not an employee of the D Bank, but only has the intention or ability to obtain a new loan from the victim for the repayment of the existing loan.

On September 10, 2019, when the victim was transferred three million won to the F Bank account (Serial number G) in the name of the defendant that the defendant provided in advance from the victim on September 13:30, 2019, and the defendant was ordered to withdraw the money from the person under his/her name at that time and withdrawn from the I branch of the F Bank located in Gangnam-gu Seoul, Gangnam-gu at around 14:42 of the same day, and then purchased the cultural products right equivalent to three million won at the I branch near the above F Bank, and merchandise coupon between 15:48 and 16:16 of the same day.