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(영문) 대전지방법원 2018.03.08 2017고단4366

사기방조

Text

A defendant shall be punished by imprisonment for one year.

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

On September 6, 2017, the Defendant accepted the Defendant’s proposal with the knowledge that the Defendant’s account under the name of the “employee of a lending brokerage company” would be used for the commission of the so-called “one-called “employee of a lending brokerage company” in the name of the Defendant to withdraw and deliver money deposited in the current account,” and that it would be used for the commission of the so-called “employee of a lending brokerage company.”

1. The name influor of aiding and abetting the morale of the victim D was the fact at the above temporary but the fact was attempted to acquire the money through the phishing crime, but was concealed, and the Seoul Central District Prosecutor's Inspection was misrepresented by phone to the victim D, and "The head of the Tong with the name of the party was used for the loan fraud crime."

It is necessary to check whether the person has stolen the name in relation to the crime, and thus, the prosecutor who has received the loan is remitted to the account.

“Falsely speaking, the Defendant’s account in the instant indictment in the name of Han Bank E on the same day from the injured party is indicated as “K of our bank” respectively. However, according to the records, it is apparent that this is a clerical error in the name of “ Han Bank E,” and thus, the account in the name of the Defendant in the pertinent part as indicated in Articles 1 and 2 of the facts constituting the crime in the judgment is corrected as above.

15 million won was remitted to the account.

Therefore, the Defendant, upon the instruction of the person who was unable to cast his name, withdrawn in cash the above KRW 15 million at the point of the Mapo-gu Seoul Metropolitan Government Mapo-gu 11:14,000,000 at the point of the 1st floor Mapo-si, one-story Mapo-si, one-story Mapo-si, and then delivered it to F. The Defendant, upon receiving the instruction of the person who was unable to cast his name, remitted the remainder of KRW 1,485,00,000,000 to H account of the National Bank in the name of the company managed by the Mapo-si.

As a result, the Defendant’s nameless scaming staff and F’s nameless scam scams by facilitating the commission of the crime when acquiring the money from the victim.