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(영문) 제주지방법원 2020.02.12 2019고단1136

사기방조

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 December 2, 2018, the Defendant accepted the proposal from the Defendant to the effect that “In order to obtain a loan, the Defendant would have raised credit by increasing the transaction performance, and then immediately withdraw the deposit of money into the Defendant’s account and deliver it to our employees.”

On December 31, 2018, an employee under the name of the defendant was transferred 18 million won from the victim to the E-association account in the name of the defendant on the same day by phone call to the victim D at a place where it is impossible to know the location on December 31, 2018, and to the purport that "the cell phone was opened and used for the crime. The money recorded in the passbook was sent to the designated account to verify whether the money was connected with the crime."

The Defendant, at the time, perceived that the lending method required by the organization members in the name of the Defendant is different from the general lending method, and that it is illegal to deliver the cash directly to Busan, etc., and recognized that the organization members in the name in the name of the Defendant could use the E-cooperative account for the singing crime. On December 31, 2018, at around 12:30, according to the direction of the employees in charge of the singing operation, the Defendant withdrawn KRW 18 million deposited in the Defendant’s name E-Cooperative account at the airport branch located in Gangseo-gu Busan City, Gangseo-gu, Busan, in accordance with the direction of the employees in charge of the singing operation, at around 13:00 on December 31, 2018, delivered KRW 8 million out of the above amount to the person instructed by the organization members in charge of the singing operation in the name of the E-cooperative, and continuously delivered the remaining KRW 10 million to the same person.

As a result, the Defendant aided and aided the employees of Bophishing operations by facilitating such frauds.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Written statements of D;

1. Upon closure of the Kakao Stockholm conversation, a detailed statement of deposit.