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(영문) 서울남부지방법원 2019.10.10 2019고단2060

사기방조

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On February 22, 2018, the Defendant issued a summary order of KRW 1,50,000 to a fine for the violation of the Electronic Financial Transactions Act from the Suwon District Court’s Ansan Branch on February 22, 2018.

【Criminal Facts】

On September 2018, when a person under whose name the person under whose name the person under consideration was unable to obtain a loan by telephone from the defendant at a false place, he/she shall withdraw the money transferred to the defendant's account and deliver it to the company's employees. In light of the fact that the above method of delivery of money is different from the ordinary lending procedure, the fact that there was a record of investigation by an investigative agency regarding the crime of Bosing through a similar method, etc., the defendant knew that the person under consideration was aware that he/she committed the crime of Bosing and then requested the defendant to withdraw and deliver the money transferred to the defendant's account under the name of the defendant.

On October 4, 2018, the name-freeist made a false statement that “The head of the CD team shall be the head of the CD team, and shall make a loan at a low interest rate if all existing loans are repaid.”

However, the above person was not an employee of the Bank or a loan-related employee, and as such, as the so-called crime of Bophishing, the victim did not have an intention or ability to make a loan to the victim even if he was transferred money for the purpose of repayment of the loan from the victim.

As above, the person under whose name the victim was accused of the victim and transferred KRW 5 million to the F Bank account (G) in the name of E on the same day as the repayment of the loan from the victim, and around October 5, 2018, he/she received KRW 6 million from H I account in the name of H (J) and transferred KRW 4,526,300 to K Bank account in the name of the defendant on the same day, and the defendant received KRW 4,526,300 from K Bank account (L) in the name of the defendant on the same day, and the defendant withdrawn KRW 4,526,300,00 which was remitted from K Bank account in the name of the defendant at the near village of K Bank ordinary branch in the Gu of the same day at the same time.