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(영문) 부산지방법원 서부지원 2018.12.18 2018고단2388

사기방조등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The nameless person was given instructions such as withdrawal and delivery to the telephone finance fraud officer who is active in China while working in China as a total of the telephone finance fraud organization, and the defendant was given instructions from the above nameless total book to deposit the damage into a specific account by receiving the order from the defendant.

1. On October 31, 2018, at a place where it is difficult to identify a location at around 10:50, a false statement was made to the victim C, stating that “The D Public Prosecutor of the Seoul Southern Southern District Public Prosecutor’s Office (hereinafter “Seoul Southern District Public Prosecutor’s Office”) calls the victim C for money in the accounts of the Nonghyup District Public Prosecutor’s Office (hereinafter “CF”) so that the fraud would be deducted if the money in the accounts of the Nonghyup is changed. If our money is deposited to the account known to be kept safely, our money will be returned again after two hours.”

However, the above-mentioned total liability is not the Seoul Southern Branch Inspection, but there was no fact that the victim was guilty of fraud.

Nevertheless, the above-mentioned total liability for the name in error was paid 8.5 million won to the Busan Bank account (F) in the name of E around 12:32 of the same day from the victim by deceiving the victim as above.

Around that time, the above-mentioned total liability was directed E to find out the damage amount deposited as above in cash and deliver it to the Defendant, and the Defendant also received the damage amount from the H convenience store located in Busan City, the Busan City, Sho-gu, in accordance with the direction of the above-mentioned total liability and transferred it to the account designated by the non-personally named person after receiving the damage amount from the E around 13:00.

Accordingly, the defendant was able to easily commit the above-nameless fraud.

2. On the same day, at around 13:30 on the same day, the account owner E received KRW 30 million from the damaged person to the above Busan Bank account in the same manner as above 13:30 on the same day, and ordered the account owner E to withdraw the above amount in cash and deliver it to the accused, and the accused shall be the Busan City on the same day.