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(영문) 수원지방법원 안산지원 2019.08.30 2019고단2224

사기방조

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On March 6, 2019, the Defendant received a proposal from the so-called “head of the division” and “C team leader,” which are the part of the Defendant’s mobile phone organization, to “to lend at low interest if the cash transaction results have been made in a way of withdrawing and delivering cash entered into the account because the cash transaction records were delayed due to lack of cash transaction records,” and then notified the “C team leader,” as above, of the number of bank account numbers (E) and the F bank account numbers in the name of the Defendant.

The Defendant delivered a large amount of money to a person with no knowledge in front of the bank in accordance with the above lending procedures and instructions. In particular, the Defendant knew that the method of withdrawing and delivering money to the same person on a daily basis was abnormal, and did not have to confirm whether the lending company to which the person with no name belongs was in fact, and received specific instructions from the said “C team leader” to make a false statement as the price for cosmetics goods when he/she asked questions of the reasons for withdrawal from the bank employees. Thus, the Defendant recognized that the money deposited in the account under the name of the Defendant can be the amount of damage caused by the crime of Bophishing fraud.

Nevertheless, on March 7, 2019, the Defendant calls to the victim H without intent or ability to lend a loan by a member of the Bosing Organization in the name of the Defendant, and makes it false to the effect that “to lend a low interest rate loan. To this end, repayment of part of the existing loan will be made.” It provides that the Defendant shall use the above account in the name of the Defendant in receiving and receiving KRW 20 million from the victim to the D Bank account (E) in the name of the Defendant on the same day, and on the same day, collects by receiving KRW 5 million from the Plaintiff, at the point of Incheon City of F Bank Incheon located in the Nam-gu Incheon Metropolitan City on the same day, the Defendant shall deposit KRW 5 million in cash in accordance with the order of the said “C Team leader” at the point of Incheon Metropolitan City's debate on the Financial Bank, and shall also withdraw from