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(영문) 광주지방법원 2020.06.11 2019고단4042

사기방조

Text

A defendant shall be punished by imprisonment for not less than eight 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 March 25, 2019, as an employee of Bophishing, he/she makes a false statement that “B is an investigator of the Cyber Investigation Team C of the Seoul Metropolitan Police Agency. It is necessary to conduct an investigation after opening a presidential passbook in the name of the party, and illegal capital has been leaked out abroad. It is necessary to take protective measures for the remaining money in the victim’s account, so it is necessary to send money to the account as designated first of all as such.” From the victim on March 25, 2019, he/she receives KRW 25 million from the victim on March 25, 2019, around 17:24, 200 won from D E Bank (F), around 13:28, 2019; KRW 42 million from H Bank account in the name of G bank (I); around 15:51 on March 26, 2019; KRW 1.6 million from the date when he/she receives money from the victim;

On March 2019, the Defendant received a proposal from a name-free person to “in order to obtain a loan, it must create transaction performance. To send the four pre-paid oil and OTP and to grant a loan of KRW 2,30,000,000,000 if the certificate is sent.” First, if the Defendant is informed of the four accounts, he/she received a proposal to “to withdraw all the money deposited in the account to which he/she will deposit and deliver it to the employee to whom he/she will pay the money.”

On the other hand, at the Gwangju District Prosecutors' Office around April 2016, the Defendant had been suspended from indictment for the violation of the Electronic Financial Transactions Act. At the time, the criminal facts of the instant case were transferred to an account holder in the name of the Defendant, and the Defendant knew that it was used for the crime of Bosing when the Defendant informed his account holder in the name of his/her name to be used for the crime of Bosing. On the same date and at the same place, he/she informed the account holder in the name of his/her name in the name of the Defendant. On the other hand, around March 26, 2019, he/she received KRW 16 million from the victim to the Defendant's account and received the deposit of KRW 16 million from the victim to the Defendant's account, and then, at the same time and around