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(영문) 의정부지방법원 2018.03.27 2017고단5563
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

On May 2017, the Defendant received a proposal from a member of the staff of the Defendant to withdraw the money deposited into the Defendant’s account from the Defendant’s account in the first cell phone name and to grant a fee equivalent to 5% of the deposit amount.

The Defendant knowingly consented to the above proposal on May 25, 2017, with the knowledge that the Defendant was committing the phishing crime, sent the account number (C) in the bank account in B bank account in the name of the Defendant and the place where cash was given.

On May 25, 2017, the name influsing organization’s name was false to the victim D, “(EF) to inform the victim of the credit card number and password that would reduce the credit card loan with low interest.”

On May 25, 2017, by deceiving the victim and identifying the account number and password of the head of the Tong from the victim, the victim was granted a loan of KRW 8 million in the name of the victim from G card company, and the above loan was remitted to B bank account in the name of the defendant on May 25, 2017.

Defendant withdrawn KRW 6 million around May 25, 2017, and KRW 2 million around May 28, 2017, respectively, as instructed by a person who was dissatisfying the above remittance, and delivered the name unsatisfying person in front of Dobong-gu Seoul, where the Defendant works.

As a result, the Defendant provided his account so that he can be used for the commission of the phishing fraud, and prevented the Defendant from committing the phishing fraud by withdrawing the defrauded amount of the phishing fraud, which was remitted to his account, in cash, and by transmitting it to the person in whose name the phishing fraud was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A detailed statement of card use;

1. Detailed information about the results of transfer management;

1. A detailed statement of transactions in each passbook;

1. Application of Acts and subordinate statutes to a criminal investigation report (investigation into the submission of suspect data), a email mark, and an output of I conversation;

1. Article 347 of the Criminal Act applicable to the crime and Articles 347(1) and 32 of the Criminal Act of the choice of punishment.

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