(영문) 수원지방법원 2017.09.18 2016고단4783

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(영문) 수원지방법원 2017.09.18 2016고단4783

사기방조

Text

The defendant shall be innocent.

Reasons

1. On January 12, 2016, a person who was unaware of the summary of the facts charged stated that he misrepresented the Desired Savings Bank at around A.M. and told the victim C to “be able to borrow money at low interest and then deposit money first with a certified judicial scrivener’s expenses, etc.”

However, the nameless person was not the victim's intention or ability to make the loan to the victim as the telephone financing fraud against many and unspecified persons, the tentatively named phishing criminal.

Nevertheless, the name-free persons obtained five million won from the new bank account (D) account in the name of the defendant from the victim to the certified judicial scrivener's fees, etc., after identifying the account number of the third parties, such as the defendant, etc., under the pretext of lending.

The defendant shall withdraw the money remitted from the above person's name to the above passbook and send it to the third party's account.

In response to the proposal, even though recognizing that the number of days of the phishing crime was also the same, the 2nd day of the same month was accepted, and withdrawn KRW 700,000,000,000 from the 11:28th day of the same month, and the 3.6 million,00,000 won was remitted to the E’s account designated by the person in whose name the phishing was not known.

2. According to the evidence submitted by the Prosecutor, the fact that the Defendant transferred KRW 5 million to the Defendant’s new bank account (D; hereinafter “instant account”) and the fact that the Defendant transferred KRW 3.6 million among them to the E account is recognized.

However, in light of the following circumstances submitted by the prosecutor and the defense counsel, the defendant withdraws the money remitted to a person with no name or send it to a third party account, as stated in the facts charged.

(2) The withdrawal or transfer was made upon receipt of such proposal.

It cannot be readily determined that the Defendant was able to do so, and that the Defendant was able to do so

It is difficult to see, and there is no other evidence to acknowledge it.

(1) A prosecutor shall withdraw KRW 700,000,000 from February 1, 2016 at the time of institution of public prosecution.

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