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(영문) 서울남부지방법원 2019.06.19 2019고단1271
사기방조
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[Basic Facts] Around April 9, 2018, the Defendant received a communication from an unsatisfying person who assumes the employees of the lending company B to obtain a loan, with the average balance of 25 million won in order to obtain a loan. The Defendant received a communication from the unsatfy person who assumes the name of the lending company B to the effect that “the average balance of the passbook is sufficient to meet the balance of the passbook and then will provide a loan to the above unsatfy person,” and received an instruction to deliver the money to the employee designated by the above unsatfy person upon deposit of the money.

【Criminal Facts】

On April 10, 2018, the personnel in charge of the name scaming call to victim E at a non-place, and misrepresenting the victim E to the Seoul Central District Public Prosecutor’s OfficeF, prosecutor, and investigator, and making a false statement to the effect that “the party’s passbook was used in the case for the purpose of the name of the party, but in order to confirm whether or not the party’s personal participation, all the money in the account in the name of the party must be included in the virtual account.” The personnel in charge of the name scaming sent the victim KRW 20 million to the above C bank account in the name of the defendant.

At around 15:00 on April 10, 2018, the Defendant, upon receiving the order from the above bearers, drafted a “amount of cash/check withdrawal statement” to prevent the singishing damage in the process of withdrawing cash at a branch office of the C bank located in Mapo-gu Seoul Metropolitan Government, and subsequently withdrawn KRW 20 million deposited from the victim despite recognizing the fact that the money deposited into the above C bank account could be the amount of damage to the singishing crime, and made it easier to commit the criminal act of the C bank’s fraud by delivering KRW 20 million to the employees of the singishing branch office in front of the said C Bank’s joint principal office.

Accordingly, the defendant aided the crime of fraud of the false names.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. The details of text messages, H dialogues, and investigation reports;

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