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(영문) 부산지방법원 2016.11.23 2016고단5037

사기방조등

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, as to the Defendants, this case is against the Defendants.

Reasons

Punishment of the crime

1. On August 7, 2016, the Defendants made a proposal to the effect that the Defendants are pro-Japanese, and that, around 16:00 on August 7, 2016, Defendant A gave 5% of the money deposited in the passbook to other accounts or withdrawn from cash withdrawal. Defendant B consented thereto.

Then, around 11:00 on August 8, 2016, the Defendants reached an agreement with two male and female members on the part of his name in the forum of the Kimpo International Airport in the Republic of Korea (hereinafter referred to as “persons with no name”) located in the Gangseo-gu Seoul, Gangseo-gu. The Defendants transferred the means of access, such as the physical card in the Defendants’ name to the above male and female, and the Defendants transferred the money to the above account or the above names of the persons with no name to the above third party to transfer the money to the above account linked with the physical card in the name of the third party. If the Defendants transferred the money transferred to the above third party and then transferred the money transferred to the above persons with no name and then transferred 5% of the amount of money transferred to the above persons with no name to transfer it to another account, and accordingly, the Defendants transferred the card and the secret number of the Defendant’s bank account in the name of the Defendant B to the above persons with no name.

Meanwhile, on the other hand, on August 4, 2016, the conciliation staff of Bosinging, in connection with the above person in distress, misrepresenting the victim H by telephone at a non-place and misrepresenting him/her to the effect that “a low interest rate loan provided by the Government is possible, repayment of high interest rate loans borrowed from existing banks, etc. from the existing banks, etc. is made, and an existing loan shall be repaid if money is deposited in the account of mers,” and the staff of Bosing, in this context, received KRW 24 million from the victim to the bank account in B around August 13, 2016, and the Defendants received KRW 30 million from the victim. < Amended by Presidential Decree No. 27557, Aug. 13, 2016>