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The defendant shall be innocent.
Reasons
1. On November 11, 2015, the person whose summary of the facts charged was named is called the victim C at a non-permanent place on November 11, 2015, and called the victim C, and “The Seoul Central District Prosecutor was the case, and the account was stolen.
The phrase, “I send money to the accounts known to you whether the commission of the crime was committed or not,” which received 61 million won from the injured party to the Saemaul Treasury account in the name of the defendant.
On November 11, 2015, the Defendant informed a nameless person of the Defendant’s account number to grant a loan on his/her own account, withdraws the amount of damage to the victim deposited in the above account and deliver it to the person in default of the above name. On November 14:20, 2015, the Defendant shall carry out the test work for a bank employee who asked him/her of the place of use at the Dong Saemaeul Saemaul Treasury located in 114, Dong-dong, Seoul, Yangcheon-gu, Seoul, Seoul, for the purpose of November 14, 2015.
A false statement, withdrawal of KRW 29 million was made, and a statement was delivered to a person without a name (title E) in the vicinity of the area. Around 15:09 of the same day, the additional amount of KRW 28 million was withdrawn from the Chang-dong Saemaul Treasury in Gangseo-gu Seoul Metropolitan Government, Yangcheon-ro 699, and then was sent to the above person without a name. Around 15:37 of the same day, the additional amount of KRW 4 million was withdrawn from the cash payment period of the Saemaul Treasury in the vicinity of the above Saemaeul-dong Saemaeul-dong Saemaul Treasury and then was sent to the above person without a name.
In this respect, a person who is not aware of the fact that he deceptions the victim C and defrauds the victim 61 million won from the victim, and the defendant knew that the above person who is not aware of the name was committing the phishing fraud, but he withdrawn cash and delivered it to the person who is not aware of the name, thereby making it easier to commit the crime of fraud by the person who is not aware of the name.
2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the Defendant’s act of implementation is easy even with knowledge of the circumstances that the Defendant committed the singishing fraud.