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(영문) 인천지방법원 2020.11.06 2020고단1204

사기방조등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around November 29, 2019, the Defendant received a proposal to the effect that “Around November 29, 2019, the Defendant would pay a fee to withdraw and deliver the money deposited without a passbook from a person who was already aware of the fact that he/she had opened the Kakakaoo Stockholm at an unclaimed site (hereinafter “B”).”

The Defendant, even before fact, was aware of the fact that the Defendant, prior to the receipt of a proposal for withdrawal from the telephone financial fraud organization and the receipt and delivery of cash, had experienced in attempting to arrest the police, and then, the Defendant attempted to commit the crime of telephone financial fraud by the person with no name, and the so-called “passing”, which was proposed by the person with no name, was involved in the crime of fraud by the telephone financial fraud organization.

Nevertheless, the Defendant, in mind of receiving commission fees, provided the account number C in the name of the Defendant, and withdrawn the money deposited in the above account and delivered cash to the persons designated by the winners of the name cards to facilitate the crime of telephone financial fraud of the winners of name cards.

On November 26, 2019, a member of the telephone financial fraud assistance in name and false statement was made to the victim D, by misrepresenting himself/herself as the staff of the lending company at a non-displace and making a false statement to the effect that "it is necessary to repay the existing loan at low interest rate." It was transferred from the victim the amount of KRW 5,00,000 in the EF account in the name of E (G), KRW 5,600,000 in the first account (J) around November 27, 2019, and KRW 5,508,000 in the name of the defendant around November 29, 2019, respectively.

On November 29, 2019, the Defendant transferred KRW 5,508,00, which was deposited in the Defendant’s account in the Defendant’s account in the vicinity of the Bupyeong Fire Station, to the Defendant’s account in the name of the Defendant, and then acquired KRW 500,000 among them under the name of the Defendant, as a fee, and then withdrawn KRW 5,00,000 in cash and deliver it to the non-resident designated by the said non-resident.