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(영문) 전주지방법원 2016.06.30 2016고단350
사기방조
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On August 25, 2015, the Defendant: (a) obtained a proposal from a person without the name of the police officer to the effect that “to obtain loans by finding money deposited in the account under the name of the Defendant and making it possible to obtain loans by opening the national bank account under the name of the Defendant; (b) around that time, he/she opened the bank account under the name of the Defendant, and (c) knew that the said account may be used for a crime, he/she was able to do so with the check card of the said account and the prepaid cell phone made at the request of the person without the name of the Defendant; and (c) around 13:00 of the same month, around 25, around 13:00 of the same month, he/she endeded the day of the person without the name of the person under the name of the Defendant at No. 2 of the subway-dong No. 77, Changdong-dong, Seo-gu, Seoul, Seoul.

On August 25, 2015, 12:00 on August 25, 2015, an employee of the organization of telephone financing fraud crime was called the victim D and became the E investigator of the public prosecutor's office, and the account of passbook in the name of the party was used for the crime.

If a person transfers money to an account known to him/her because personal information of the party is leaked and the money in the passbook might be broken off, he/she would protect the money and return the money to the account. The victim had the victim wired money of KRW 11 million to the above account in the name of the defendant on the same day.

On the same day, the Defendant released the amount of KRW 11 million transferred to the above account at the set-off branch of KB National Bank in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, to a member of the organization of the non-name telephone financing fraud crime.

As a result, when the telephone finance fraud crime organization commits the above fraud, the defendant found the damaged money transferred to the above account under the defendant's name and aided the crime by easily doing so.

On August 21, 2015, the Defendant received a proposal to the effect that “The money deposited in the account after opening a passbook under the name of the Defendant” from a person who was named as a policeman in the middle of August 2015, the Defendant opened a national bank account (C) in the name of the Defendant on August 21, 2015.

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