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(영문) 대전지방법원 2017.02.15 2016고단3819

사기방조

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On June 29, 2016, the name influor of the organization, which is a telephone finance fraud (one-one-time voice) organization, called the victim D at a place where the location of around 10:00 on June 29, 2016 could not be known, and "the head of the Athath Capital Team is the head of the Atha, who is the head of the team, and may receive a loan more than at a low interest when repaying the existing loan, making a false statement to the effect that the existing loan is 18 million won.

However, the defendant was not the head of the Arith Capital Team, and even if he received money from the injured party, he did not think that he would be used to repay the existing loan.

The above person who was unaware of the name was accused of the victim as such, and was wired 18 million won to the new bank account (E) in the name of the defendant from the bank account in the name of the victim on the same day from the victim.

In order to issue a Maspbook at a place where the location of 12:19 is unknown on the same day continuously, the person who was unable to use the name was transferred to the victim C by phone call to the victim C for the purpose of "F working at the head office of the National Bank", which was remitted to the account that was not paid for subscription to guarantee insurance.

However, the defendant was not an employee of the National Bank, and even if he received money from the victim, he did not have any idea to use the money to repay the existing loan.

On the same day from the person who deceivings the victim as such, and thereby, was transferred from the victim’s bank account under the name of the victim to the new bank account in the name of the defendant (E) on June 29, 2016. < Amended by Presidential Decree No. 27415, Jun. 29, 2016>

The Defendant, at around that time, had a cash card and password with the direction from the person in an infinite name, and withdrawn 18 million won from the victim D to the name infinite, Seo-gu, Daejeon on the same day, and continued to move to the place according to the direction of the person infinite, Seo-gu, Daejeon on the same day.