사기방조
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the facts charged is whether the Defendant is not required to grant a loan from a person without his name (hereinafter “C”) at an influence place from November 14, 2016 to July of the same month;
In order to obtain a loan, it was known that the Defendant’s account would be used for a crime with the knowledge of the receipt of a proposal that “the account number should be increased to increase the details of the transaction in the passbook,” and the Defendant’s account was known to the Agricultural Cooperative Account (D), the new bank account (E), and the post office account (F).
After that, on November 17, 2016, the person who was not the person in whose name the card was made by calls to the victim G in an unsound place, and misrepresenting his modern card staff, and making a false statement to the effect that when repaying the loan, the limit of the Maspbook will be increased to 50 million won.
However, the fact was that the person without name was not a modern card employee, and the defendant was planned to withdraw and deliver the money through the defendant's account after deceiving the victim, and there was no intention or ability to allow the victim to receive the money.
Nevertheless, on November 17, 2016, by deceiving the victim as above, and remitting KRW 5 million to the Agricultural Cooperative account under the name of the defendant to the victim, by phone call from the defendant, and withdrawing the above money deposited to the defendant's account in cash, and the defendant's accompanying employee is changed to four. Accordingly, the defendant withdrawn KRW 5 million from the Agricultural Cooperative account under the name of the defendant at the Nam-gu Newdong-dong Branch of the Republic of Korea in the same day, the defendant distributed KRW 5 million from the Agricultural Cooperative account under the name of the defendant to the person whose name is not known.
Accordingly, the defendant could easily commit the fraud of the nameless wounded, etc., and prevented them.
2. The act of assistance under the Criminal Act is an indirect act that facilitates the commission of a principal offender with the knowledge that the principal offender is committing a crime, so the aiding and abetting offender is so-called aiding and abetting the principal offender to commit a crime.