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(영문) 서울북부지방법원 2020.09.08 2020고단2523
사기방조
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[Basic Facts] Around 10:30 on December 3, 2019, the name-discepter, who is the cause of the Bophishing organization, sent a message that “the remittance of personal refund money to a customer,” by approaching the company company company’s trading director accompanying the victim B by misrepresenting the victim’s trading director.”

However, the fact did not return to the customer only because it did not intend to use the money in return from the victim.

The above person who was unaware of the name was accused by deceiving the victim as above and was transferred to the Do bank account (E) in the name of the defendant on the same day from the victim.

[criminal facts] Around November 28, 2019, the Defendant received a proposal that “the head of the F GG bank consignment corporation.” Around November 28, 2019, the Defendant would be the head of the FG bank consignment corporation. The Defendant would have borrowed KRW 24 million, and there is a lack of transaction record. As a result, it is possible to lend money from G bank with insufficient transaction records, and deliver money to the employee sent by us.”

Although the Defendant anticipated that such an act may constitute a crime of phishing, the Defendant, according to his direction, withdrawn KRW 7 million from the opening of the D Bank's opening store located in H in Gangnam-gu Seoul Metropolitan Government around December 3, 2019, and moved to a 3rd spot of the D Bank in the vicinity of the D Bank, and then delivered it to the fluor who sent the above fluoring employee.

The Defendant continued to withdraw the remainder of 6 million won from the cash payment date at the D Bank Triyang Branch, and then transferred it to the next alleyway at the Criyang Branch and delivered it to the co-ordination staff who sent it.

As a result, the Defendant aided and aided the crime of scaming by the above persons without his name.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statements of each prosecutor's office and police interrogation protocol of the accused;

1. B’s authentic statement and written statement;

1.Each.

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