beta
(영문) 서울서부지방법원 2017.10.26 2017고단1520

사기방조

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2017, the Defendant received mobile phone messages stating “NH Agricultural Co., Ltd. 3.9 to 80 million won, 17 February 1, 2017,” and sent a copy of the passbook to the national bank account in the name of the Defendant under the name of the Defendant, and then withdrawn the money deposited into the Defendant’s account in the name of the Defendant according to the direction of the deceased.

On February 15, 2017, in order to obtain a loan from the victim D by misrepresenting himself/herself as the staff of the NH lending team of the NH AF CF, and making a false statement that he/she should transfer money in order to increase credit rating, and that he/she may receive a transfer of money from the victim to the above national bank account in the name of the defendant around February 22, 2017. On February 24, 2017, he/she received a transfer of KRW 10 million from the victim to the above national bank account in the name of the defendant, and received a remittance of KRW 4 million from E to the national bank account (F) in the name of the defendant.

On February 22, 2017, at around 11:06, the Defendant withdrawn KRW 9 million from the damage amount deposited to the account of the above national bank in the name of the Defendant in accordance with the instructions given by the staff to engage in the commission of the crime of telephone financing fraud in Seoul Jongno-gu, Seoul. On February 22, 2017, the Defendant released KRW 1 million from the branch office of the Seoul Seo-gu Seoul Livestock Industry, Seoul, Seoul, North Korea, at around 16:16, and delivered it to the staff of the commission of the crime of licensing in name.

As above, the Defendant received a loan from a telephone call without visiting a bank counter, and used it as a means of false financing transactions while intending to improve credit rating, and the Defendant, who does not have an awareness of face value, wired money of KRW 10 million in the name of a third party to a third party and directly withdraw it, and at the time of withdrawal from a national bank, the process is abnormal.