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(영문) 부산지방법원 동부지원 2019.05.15 2019고단203

사기방조

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 4, 2018, the Defendant received a proposal that “I would like to obtain a loan, I would like to withdraw the money deposited in the account in the name of the Party and deliver it to the employee who sent in D,” and then, notified the Defendant’s name E (F).

On the other hand, on the other hand, on December 7, 2018, the employee of Boscing Scam of a person without a name may call a telephone to the victim G at a non-place and then make a loan available at a low interest rate if he/she redeems the existing card loan because he/she needs to pay a credit rating lower than the credit rating due to the loan application, and he/she has made the victim transfer the amount of KRW 19 million to the above E account in the name of the defendant around 15:07 on the same day.

In the past, the Defendant was aware that the lending method carried out by the winners of the name was abnormal due to the receipt of a loan from a financial institution in the past, and was given an instruction to the Bank employees to make a false statement to the effect that, when withdrawing money from the bank counter, the Defendant would be “the sending of money,” and that the cash delivered by the Defendant can be the amount of damage caused by the crime of Bophishing fraud, on the ground that the Defendant received a document from the bank employees to prevent Bophishing and read it.

Nevertheless, at around December 15:18, 2018, the Defendant, as the Defendant did not receive the name, released the said money from the J counter located in Busan Metropolitan Government Government I, and immediately sent it to a person who was unaware of his name before the K Pharmacy located adjacent to the above E.

Accordingly, the defendant, by facilitating the fraud of a person who has not received a name, assisted it.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Data to be submitted by victims, such as lending counseling and written request for examination;

1. Efagating the contents of a conversation;