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(영문) 부산지방법원 2018.05.30 2018고단642

사기방조

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 6, 2017, the Defendant: (a) took out money deposited in the Defendant’s account from a member of the so-called “Sishing,” which was misrepresented to be the head of the team of the “Korea Financial Services” group; (b) took out the money deposited in the Defendant’s account from the member of the “Sishing,” and delivered it to the designated person; (c) notified the Defendant of the account number (C) of one bank under the name of the Defendant; and (c) withdrawn the money when the money was deposited in the said account.

Meanwhile, on November 8, 2017, the member of the said fraud group called the victim D (or the age of 54) on the phone on November 10:07, 2017, and, as the investigator of the Seoul central branch of the investigation division is the investigator of the Seoul central branch of the high-tech investigation division, who safely protects the party’s account, then he/she will immediately return the money by transferring it to the one bank account under the name of A.

“Falsely speaking to the effect that it is “,” the victim made the victim remit KRW 5,033,106 to the bank account in the name of the Defendant.

The Defendant previously heard that he would make a loan from the telephone finance fraud group, and transferred his body card to its members. In relation to this, the Defendant had been investigated by the investigation agency twice and had been experienced. As such, although recognizing that the money deposited into the Defendant’s deposit account was deposited by the Defendant’s criminal act, the Defendant provided the Plaintiff’s one bank deposit account to the members of the said fraud group so that KRW 5,03,106 may be remitted from the damaged person, and then withdrawn KRW 4,60,000 among them to the national bank deposit account in the name of B designated by the members of the said fraud group.

Accordingly, the defendant, by deceiving the victim, assisted the crime by receiving the remittance of KRW 5,033,106.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against D;

3. Application of Acts and subordinate statutes on deposit transactions;

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