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(영문) 수원지방법원 2019.10.24 2019고단5018

사기방조

Text

A defendant shall be punished by imprisonment for one year.

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

The organization of telecommunications-based financial fraud (hereinafter referred to as "scam") is operated in the form of an organization by organizing various stages, such as total liability, deception, management measures, and cash collection measures.

The researchers belonging to the deceptions shall make a false statement that they would make a loan by misrepresenting an unspecified number of victims with a false phone call, etc., and have the victims deposit a certain amount of money in the designated account, such as commission, etc. The management officers shall collect cash and inform the victims of the place of cash collection and the account to be deposited in the cash received from the victims. The management officers belonging to the cash collection measures shall withdraw the amount of money deposited by the victims and deliver it to other cash collection measures or deposit it into the account directed by the victims. The management officers belonging to the cash collection measures play the role of organizing the cash collection measures, management measures, and cash collection measures and managing them comprehensively.

On August 20, 2019, the Defendant accepted the proposal that “The Defendant would pay 5% of the amount of cash that has been paid to the account designated by us as allowances,” from the name-indrawer who is the management responsibility of the telecommunications-based financial fraud organization.

On August 27, 2019, the person who is responsible for deceptioning telecommunications-based financial fraud refers to the false statement that "The fact is that the victim did not have any intent or ability to lend a loan to the victim B, and even though he was not an employee of the C bank or a financial institution, he/she shall repay the existing loan to the victim by phoneing to the victim. Then, he/she shall have the victim repay the existing loan at low interest rate. 14.4 million won to the E-bank account (F) designated by the non-member of the name bank around August 28, 2019, and KRW 13.7.9 million to the G name H bank account (I), and he/she shall have E transfer the total of KRW 14.4 million to the E-bank account (F) and KRW 3.4 million to the E-bank account.