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(영문) 대구지방법원 서부지원 2018.05.02 2017고단2180

사기방조

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On May 2017, the Defendant listened to the statement that “the Defendant would allow an unspecified person to use the account, and pay KRW 40,000 through KRW 50,00 per page 1 million to withdraw money deposited in the account,” and attempted to assist the Defendant to commit the crime of fraud of a person without name, knowing that the Defendant, despite being aware that he/she committed a crime of “Sphishing” under the name of another, he/she received money from an unspecified person by means of directly withdrawing the money deposited in the Defendant’s account, so that he/she may receive money from the Defendant’s account, by directly withdrawing the money deposited in the Defendant’s account.

On May 29, 2017, the name influenite, by calls from the victim B at an influence place, and misrepresenting the inspection of the Seoul Central District Public Prosecutor's Office, and “the personal information of the party was stolen, and shall be notified to the other party until it is confirmed as the victim, and the money in the tegy account should be deposited into the tegy account in which the safety account is created,” the name influence received 3,300,000 won from the victim to the Daegu Bank D account in the name of the defendant C on the same day.

On May 29, 2017, the Defendant withdrawn KRW 2.8 million, out of KRW 3.3 million, from the damaged party deposited in the Daegu Bank account in the name of the said C at the seat of the Daegu Bank located in 1568 as of the Daegu-gu month, Seogu, 2017 to assist the defrauded by receiving 3.3 million won as above.

Accordingly, the Defendant made it easy to commit the crime of fraud of the above-mentioned person without his name, and prevented it.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes to the details of currencies and transactions, applications for deposit transactions, specifications of transactions, and CCTV images;

1. The relevant Article of the Criminal Act concerning the crime;

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