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(영문) 서울남부지방법원 2020.08.26 2019고단6736

사기방조등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 2018, the Defendant issued a proposal to the effect that “a loan is not possible due to the lack of conditions,” by telephone from an employee who assumes the name of B lending counselor, and that “a person who has retired from his/her company would be paid benefits if he/she had left his/her office to do so.” Although he/she anticipated that his/her act was related to a crime, such as telephone financial fraud, etc. of a person who has failed to obtain his/her name, he/she concluded an office lease contract under the name of another person according to the order of the person who has failed to obtain his/her name, and then sent the relevant Internet phone via an Internet phone in his/her name or another person’s name to the person who has failed to obtain the above name, and that he/she was to install and operate the relevant Internet phone.”

Accordingly, the Defendant entered into a contract for lease of C building D in Guro-gu Seoul Metropolitan Government around September 13, 2018, according to the order of the above person without the name, and sent the said 12 phone calls (F and G) in the name of “E” between October 5, 2018 and October 10, 2018, via an Internet phone call from around 12 to October 12, 2018.

On October 23, 2018, the above name-freeist stated that the fact is false to the effect that he/she used the above Internet telephone (F and G) around October 23, 2018, and that he/she is not an employee of a financial institution, and does not have any intent and ability to provide the loan, and that he/she assumes the phone call to the victim He/she and misrepresents himself/herself with the victim He/she “to provide a low interest loan if he/she redeems the existing loan,” and that it was remitted from the victim to the 17:31 of the same day in total as a loan repayment twice during the period from October 24, 2018 to the same day.

As above, the Defendant aided and abetted the Defendant by facilitating the Defendant’s criminal act of singinging the victim of the above singished person.

2. Any person who violates the Telecommunications Business Act;