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(영문) 의정부지방법원고양지원 2020.11.04 2020고정462
사기방조
Text

Defendant shall be punished by a fine of KRW 3,000,000 (three million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On June 4, 2019, the Defendant received a request from a person under a false name who assumes the “B Company C team leader” by telephone to “to obtain a loan” and “to withdraw money from the company and deliver it to the employee”.

The Defendant, while recognizing that the above bearers were to use the Defendant’s account in order to handle illegal money, such as telecommunications-based financial fraud (hereinafter “Sphishing”), had known the Defendant’s account number under the name of the Defendant in response to the request of the said person without his name, had the Defendant informed of the account number under the name of the Defendant and had the intent to withdraw and deliver the money deposited in the said account according to the instructions.

On June 5, 2019, an employee under the name of the Minister of Information and Communication, the Seoul Regional Police Agency cyber investigative agency, misrepresenting the “F director of the Cyber Investigative Team” and calls the victim G to the effect that “the same shall apply to a crime committed by theft of the name of the party; hereinafter the same shall apply. Money deposited to the Financial Supervisory Service’s employee account as it is necessary to verify whether the money owned by the party is related to the crime,” made a false statement to the effect that “the victim transfers money to the said D Bank account in the name of the defendant.” On the same day.

On June 5, 2019, the Defendant, upon the direction of the person who was unable to receive his name, withdrawn in cash the amount of KRW 20 million, which was transferred to the above D Bank account in the name of the Defendant at the point south of the Korea Transportation Agency of the D Bank located in H 2 as above at the point of the Korea Transportation Agency of the D Bank on the fourth floor of the D Bank, and then delivered the same to the women under his name prior to the departure of the subway station located in the gold Village of the Hongju-si, Paju.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on investigation report by police officers to G and I (Attachment to Details of Account Transactions in AD Bank)

1. Relevant provisions of the Criminal Act and Articles 347(1) and 32(1) of the Criminal Act concerning the selection of criminal facts;

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