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(영문) 부산지방법원 2018.01.18 2017고단3981
사기방조
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On June 2, 2017, the Defendant was willing to withdraw and deliver the money deposited in the Defendant’s account from the nameless person who planned to commit the instant crime at an irregular place on the following occasions: (a) the Defendant received a proposal from the Defendant to offer the money deposited in the Defendant’s account; and (b) attempted to commit the crime of the nameless winner; (c) the Defendant’s corporate bank account in the name of the Defendant was informed of the nameless person.

On May 29, 2017, at around 16:30 on May 29, 2017, the name-free person called the victim D (n, 54 years of age) by misrepresenting the customer bank E to verify whether he/she has the ability to repay the loan. Thus, after obtaining a credit card loan, he/she made a false statement to the effect that he/she would open a Maspbook with the limit of KRW 25 million on the basis of the credit card loan immediately after making a repayment. On June 5, 2017, he/she notified the above corporate bank account in the name of the defendant with the account to repay the loan.

However, in fact, the above person was not a member of the National Bank, and when the victim transferred money to the account under the name of the defendant, he/she was thought to withdraw it and use it in the Bosishing organization.

Nevertheless, on June 5, 2017, by deceiving the victim as above, and transferring the amount of KRW 16.5 million to the above corporate bank account under the name of the defendant around 13:52 on June 5, 2017 from the victim, and the defendant tried to withdraw the above amount of KRW 16.5 million at the location of the corporate bank inside Dong-gu, Busan, Busan, and around 13:55 on the same day, according to the direction of the person who was not killed, but failed to withdraw the amount of KRW 16.5 million at the location of the corporate bank inside the Dong-gu, Busan, 351 on the same day.

Accordingly, the Defendant, despite being aware of the fact that the above person was committing the crime of fraud, was able to easily commit the crime of fraud of a person without a name, by providing an account number as above.

2. Determination

A. The defendant and his defense counsel are the defendant at the time of the instant case.

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