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(영문) 광주지방법원 2021.01.13 2020고단5639

사기방조

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

【In all the facts, the telephone financial fraud organization (hereinafter “Sscaming organization”) is operated in the form of an organization that takes charge of the crime, takes charge of all the following roles: (a) the organization that transfers or takes charge of the crime, takes charge of the victim’s phone call, withdraws or transfers the money deposited by the victim under the direction of the general book, or collects money directly from the victims and delivers the money to the scaming organization by collecting and delivering the money to the scaming organization; (b) the organization, which takes charge of and takes charge of the crime, takes part in the loans that have already been used by misrepresenting a large number of unspecified victims; or (c) the organization that falsely sent the false settlement text message by misrepresenting the investigative agency to the effect that personal information was leaked and distributed to the crime.

On September 17, 2019, the Defendant, through the Kakao Stockholm, who misrepresented B agent who was aware of a loan-related advertisement from around September 17, 2019, would be able to create a loan by making our account number deposit with the Defendant’s money and making it available through the Kakao Stockholm.

The deposited money received the proposal that “The remittance of the deposited money to the designated overseas account immediately.”

On December 20, 2018, the Defendant received a proposal from a person without a name, who gave a loan, and transferred a physical card connected to the Defendant’s account on or around August 14, 2019, and was subject to a disposition of suspension of indictment as a violation of the Electronic Financial Transactions Act. At the time, the Defendant had already been liable for a limited amount of KRW 70 million, such as a household loan, and was not able to do so directly or by submitting materials to inquire about the Defendant’s credit, etc., the Defendant was aware that the lending cannot be carried out only by means of overseas remittance through the Defendant’s account. The Defendant sent a message to the person without a name, “I see about the detention at any time or at any time.”