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(영문) 광주지방법원 2020.10.29 2020고단3625
사기방조
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 November 25, 2019, the Defendant: (a) received a proposal from an employee of singinging who was aware of through loan advertisement, etc., that “the Defendant shall withdraw and deliver the money deposited in cash to the employee who sent the money to the Defendant.” (b) Prior to that, there was two times the fact that the Defendant acquired the money from the commission of the singing fraud; (c) on the grounds that the Defendant was investigated for the suspicion of violating the Electronic Financial Transactions Act in relation to the singing fraud on one occasion, etc., and (d) was aware that the Defendant was trying to use the money as the withdrawal of the Defendant to illegally acquired the money through a financial fraud crime, such as singing, etc., even though the Defendant was aware that he was willing to use the money from the Defendant as the withdrawal of the singing, etc., according to the instructions of the persons who

On November 14, 2019, the name-dissured person misrepresented the victim B with telephone call, and falsely made a false statement to the effect that “In order to obtain a low interest rate loan, the records of the loan need to be recorded, and the loan was received from other companies and repaid again.”

However, in fact, the person who was not a financial institution employee was not an employee, and there was no intention or ability to provide the loan to the victim.

On November 26, 2019, the person who was named in the name was transferred 30 million won to a bank account (E) in the name of the defendant from the victim.

On November 27, 2019, the Defendant withdrawn the above KRW 30 million in cash according to the direction of the person who has not been killed in the name, and delivered it to the person who has not been killed in the name in Gwangju Seo-gu.

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. Details of the transfer of the police statement on B, and the details of the data on financial transaction replies to Kakao;

1. Application of Acts and subordinate statutes to the copy of case forwarding note, copy of suspect interrogation protocol, and copy of statement statement (victim);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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