logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.09.20 2018고단2495
사기방조
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

A nameless person is a member of a telephone finance fraud organization (hereinafter referred to as “singing”).

On June 2018, the Defendant: (a) received a proposal from a nameless person who became aware of the information and communication at the Internet website to the account designated after withdrawing money from the account using the e-mail card; and (b) accepted it as a fee; (c) on July 7, 2018, the nameless person misrepresented the victim C with an employee at the support team of the National Bank Credit Business Department of the National Bank; and (d) made a false statement to the effect that “if the victim wired money to the designated account with a low interest rate, he would lend money at a low interest rate of 4.3% interest per annum; and (e) the victim wired money to the designated account with a defect in the phone, the Defendant sent a false statement to the effect that he would lend money at a low interest rate of 10 million won per annum.”

However, even if the person without the name has received money from the victim, he did not have the intention or ability to execute the loan at low interest.

On July 12, 2018, from the person who deceivings the victim as above, and then transferred KRW 500,000,000 to the new bank account (Account Number E) in the name of F on July 12, 2018, and KRW 10,000,000 to the new bank account (Account Number: G) in the name of F on the same day, around 14:06.

At around 11:27 of the same day, the Defendant, upon the direction of the person who was unable to receive his name, made a withdrawal of KRW 5 million from the active account by using the check card in the name of D in the name of the new bank located in Seodaemun-gu Seoul Metropolitan Government, using the check card in the name of D, and then made it easier for the Defendant to commit the crime of fraud of the person who was unable to obtain his name by remitting the card to the non-personal account designated by the person who was unable to obtain his name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Seizure records;

1. Investigation report (the face of withdrawals made by the suspect A);

1. Details of transaction and account transaction (F.).

arrow