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(영문) 의정부지방법원 고양지원 2020.05.27 2020고단748
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 24, 2019, the Defendant: (a) received Kakao Stockholm messages from a person under whose name the Defendant misrepresented “B C head” to obtain a loan, stating that “In order to obtain a loan, there is any transaction record; (b) withdrawing and delivering the company’s money to the employee”; and (c) was aware that the said person under whose name the name was paid knew that he intended to use the Defendant’s account in order to deal with illegal money, such as telecommunications-based financial fraud (hereinafter “S-based financial fraud”); (d) had known the account number of the bank account in the name of the Defendant to the person under whose name the name was paid, and had expressed his intention to withdraw and deliver the money deposited in the said account at the direction of the person under whose name

On June 26, 2019, an employee under the name of the Scing Mediation Commissioner was transferred from the victim to the D bank account in the name of the said Defendant on June 28, 2019, by falsely speaking to the effect that “low interest rate of KRW 97 million will be extended to the victim H by phoneing the “F G team leader.” The said employee was transferred KRW 30 million from the victim to the D bank account in the said Defendant’s name on June 28, 2019.

On June 28, 2019, the Defendant released KRW 30 million, which was remitted from the victim by D Bank J located in Yongsan-gu, Young-gu, Young-gu, U.S. on June 14:38, 2019 in order to assist the said D Bank member in committing the above fraud. On the same day, the Defendant exchanged the check of KRW 30 million in cash from D Bank L located in Young-gu, U.S., U.K. at KRW 15:55, on the same day, and delivered it to the above D Bank L, which is located in the Republic of Korea, in order to assist the said D Bank L in committing the above fraud.

Accordingly, the Defendant aided and aided the criminal act of fraud by the personnel using name phishing assistance.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Statement made by the police officer in relation to H;

1. A certificate of the results of the electronic financial transfer, Kakao of the victim who reported internal death.

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