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(영문) 인천지방법원 2019.05.16 2019고단1758
사기방조
Text

A defendant shall be punished by imprisonment for six 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

Around December 16, 2018, the Defendant received a proposal from the Defendant to the effect that, using the revolving “B” line, the Defendant “B” calls and misrepresented the “consulting company,” and “to obtain a loan, the details of the deposit and withdrawal from the current account must be made. To this end, the Defendant would withdraw the deposit of money from the current account and deliver it to our employees.”

However, on September 5, 2018, the Defendant had already been present at an investigative agency on October 16, 2018 and experienced an investigation. As such, the Defendant was able to know that the Defendant’s account could be used for the Defendant’s act of using the Defendant’s account. In addition, the Defendant was asked from the bank staff prior to withdrawing the money deposited in the Defendant’s name, and the Defendant was able to ascertain the authenticity of the said proposal, such as where the Plaintiff had talked with the above person under the name of the Defendant and D, where the name was actually located, where the location was the actual employee of the consulting company, and where the name was the actual employee of the said company. The Defendant did not at all check on the matters that could identify the authenticity of the proposal, such as where the name was the location, and where the said person was the person under the name of the Defendant. The Defendant was asked from the bank staff to “the purpose of withdrawal” before withdrawing the money deposited in the Defendant’s account, and the Defendant voluntarily read the written confirmation from the bank staff to the Defendant.

Therefore, the defendant was fully aware that the person who did not receive the above proposal was able to commit the phishing crime by using the defendant's account.

On the other hand, on December 18, 2018, the above-mentioned person is a member G of the "F by posting a phone to the victim E from the French land."

Existing loans may be repaid and loans may be extended at low interest rates.

An existing loan shall be extended to an account in which apps are installed on a mobile phone and personal information is entered and notified.

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