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(영문) 춘천지방법원 원주지원 2016.01.26 2015고단1020

사기방조

Text

The defendant shall be innocent.

Reasons

1. On November 26, 2015, the Defendant heard a proposal that “I would give a loan to a person without his/her name,” from a person without his/her name (the suspension of indictment on November 26, 2015, where his/her identity is unknown) to “I would give a loan to the person without his/her name,” and, on July 5, 2015, notified him/her of the number of the Saemaul Depository’s account number (C) in the name of the Defendant at the request of the person without his/her name.

On July 2, 2015, a name-free person may make a loan to the victim D at an interest rate lower than the representative of the Ministry of Justice E-B National Bank of Korea.

If it is intended to obtain a loan, the credit rating will be applied in the way of immediate repayment with a loan from another place because the credit rating score is insufficient.

The phrase “ makes a false statement.”

However, the nameless person was not an employee of the KB National Bank, and there was no intention or ability to make a loan to the victim.

On July 6, 2015, when deceiving the victim and deceiving the victim, at around 15:11 on July 6, 2015 and around 15:14 on the same day, the person who was unaware of name received a total of KRW 10 million from the above Saemaul Treasury account in the name of the defendant and acquired property benefits equivalent to the same amount.

As above, the Defendant provided the account number in the name of the Defendant in committing the crime of fraud, and around July 6, 2015, at around 15:38, I withdrawn KRW 18.3 million from the Dong branch of the Saemaul Treasury located in the building of 9 Dowon, Gwangjin-gu, Seoul Special Metropolitan City, at around July 6, 2015, and delivered it to the person designated by the person who was not the name.

Accordingly, the defendant could easily commit the crime of fraud of a person without a name, and prevented it.

2. In order to recognize the crime of aiding and abetting fraud, at the time of the instant case, the Defendant should have been aware of and attempted to help the so-called phishing crime of false names.

However, considering the following circumstances admitted by the evidence adopted and investigated by this Court, the defendant is given the foregoing.