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(영문) 인천지방법원 2018.05.03 2018고단1907
사기방조
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant, around October 2012 and around January 6, 2015, was aware that, upon the transfer of a e-mail card from the Boscing organization, the Defendant had experience of making a e-mail card and making a loan by creating a e-mail card. Accordingly, the Defendant was subject to the police investigation, thereby granting a loan by accumulating the transaction performance.

Nevertheless, on June 2017, the Defendant accepted the proposal that, in order to grant a loan from a person who assumes the “X” in the middle of 2017, the Defendant could withdraw the deposit of money to the Defendant’s account and request the withdrawal of the deposit. However, the Defendant accepted the proposal with the awareness that such proposal may be related to the crimes of Bosishing.

On June 26, 2017, 13:56, 2017, the 2013:56 employee of the 2010 Scam Scing service calls to the victim AE to misrepresentate AF of the national bank, and after misrepresenting the 2010s of the national bank AF, the 30s of the 30s of interest loan.

If part of the existing loans are repaid due to lack of credit scores, the credit scores are filled up;

In this way, it can be possible to transfer the amount of KRW 4 million out of the loans to a post office account in the name of A, a virtual account, and the victim transferred the amount of KRW 4 million to the post office account in the name of the defendant (AG) around 15:56 of the same month.

After that, the Defendant withdrawn KRW 4 million deposited in the said account in accordance with the direction of a person who assumes the position of the said Nonghyup Bank before the branch of the Seo-gu Incheon District Office, and then delivered the said money to the person who was in the vicinity of the post office where the post office is located in the Dong-dong, Incheon.

As such, the Defendant was able to facilitate the defraudation of 4 million won from the injured party by a member of the phishing organization.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to AE;

1. Response to financial transaction information;

1. Application of Acts and subordinate statutes to written confirmation of transfer results;

1. Criminal facts;

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