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(영문) 수원지방법원 2019.01.25 2018고단6448

사기방조

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

A person who is the general responsibility of the telecommunications-based financial fraud (hereinafter referred to as "scam") organization shall organize various stages, such as deceptions, management measures, and cash receipt measures, and the investigative staff belonging to the deceptions shall make a false statement to many unspecified victims, such as inducing them to make a loan by misrepresenting himself/herself to the employees of financial companies, etc., and allowing them to deposit funds into the designated account by the victims. The investigative staff belonging to the management measures shall collect cash receipt and notify the victims of the location of the cash receipt and the account to deposit the cash received from the victims. On August 20, 2018, the Defendant was able to assist them in committing the telecommunications fraud under the condition that they receive some of the amount of money received as allowances.

On August 30, 2018, the name misscamist, the name misscam deception, misrepresentation of the victim B by calls from the victim B at an inscam site and misrepresentation of the victim B, and falsely speaks as "a repayment of existing loans shall be made." On the other hand, the victim has deposited KRW 25 million in the post office account under the name of D at around 12:02 on the same day, and then the above account owner has deposited the amount in cash and made the withdrawal from the above account owner D, and the defendant issued instructions from the name misscamist (F), at the vicinity of the branch office of the Hayang-gun, Yangyang-gun Office, the head of the Hassociation, the head of the Dong-gun, and ordered the victim to receive the remainder of KRW 49 million deposited by the victims at two times in total, as shown in the attached Form of Crimes (hereinafter referred to as the "F") and instruct the victim to transfer the amount remaining after deducting the remaining allowances paid by the account holder.

Accordingly, the Defendant, by facilitating the fraud of the name-free winners, assisted it.

Summary of Evidence

1. Defendant's legal statement;

1. The police of D. D.