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(영문) 부산지방법원 2020.07.24 2020고단2389

사기방조

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 9, 2020, the defendant was sentenced to 8 months of imprisonment for fraud at the Busan District Court, and the above judgment became final and conclusive on July 18, 2020.

On July 2019, the Defendant: (a) received a proposal from a person who was aware of via B, the Internet job-seeking site, to the effect that “I would like to give money deposited in the account designating the name of the Defendant, who is a company packing the Naki Products, and would give money deposited in the account; (b) was aware that the act of the person who was unable to receive the name constitutes a crime of telephone financial fraud, the Defendant, despite being aware of the fact that the said act constitutes a crime of telephone financial fraud, had the intent to easily commit the crime of telephone financial fraud by informing the person who was not the name of the account and remitting the account number to the designated account, and remitting the money deposited in the account.

On July 2, 2019, a member of the telephone financial fraud assistance in the name of the victim was paid KRW 11,80,000,000 in total to the victim E-association account (F) twice from the victim's name, by misrepresenting the victim C with D message to the victim's his/her father, stating that "the bank is paid money in lieu of the limit of his/her parent-child card, and the bank account's certificate is unable to transfer money instead of the error."

On July 2, 2019, the Defendant: (a) withdrawn KRW 6,000,000 from the money deposited in the account in his/her own name at the H Bank Dong-gu, Busan, Dong-gu branch of the H Bank; and (b) made it easy for the Defendant to commit the crime of influences in name by remitting KRW 1,000,000 to the six H Bank accounts (Account No. 1,000,000 each designated by the winners of his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Previous convictions as stated in the judgment: A criminal defendant has not undergone investigation reports (former and attachment of the judgment), written judgments, court rulings of the second instance, and examination of evidence into outputs of the consolidated case, but has not undergone investigation.