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(영문) 인천지방법원 부천지원 2017.02.28 2016고단3318

사기방조

Text

A defendant shall be punished by imprisonment for six 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 May 2016, the Defendant: (a) acknowledged the circumstance that a person who was missing in the name of the police officer collected the passbook and used it to commit the crime of Bosing against many unspecified victims; and (b) in order to receive at least KRW 150,000 per day promised by the person who was unaware of the name, deposited the passbook in the subway station designated by the person who was unaware of the name in accordance with the order of the person who was unaware of the name, or delivered it to the person who was aware of the fact that the person was unaware of the name was sent to the above Bosing Organization by delivering it to the above Bosing Organization; and (c) around 11:40 of the same month, around the 20th day of Ansan-si, Ansan-si; (d) obtained the passbook connected with E’s bank account (F) and the document envelope connected with E, and stored it in the nearby organization and delivered it by the person who was designated by the person who was not in the name of the above person.

On the 23th of the same month, an employee in charge of the above Bosping organization’s name in receipt of the above Bospion passbook was called from the victim G to the investigator and the prosecutor belonging to the Seoul Central Prosecutor’s Office, and “The current account was used for the wrongful use of H’s name.”

As transparency certification is required by the Financial Supervisory Service, cash transfer to the account that prohibits and informs all of the cash in the account is required to be given, and the account number in the above E name was known to the victim.

However, the victim's account did not have been used in crime, and there was no procedure of the Financial Supervisory Service's transparency certification, and the money transferred from the victim was expected to be delivered to the top line of the phishishing organization after all withdrawal.

As above, a person who was unable to receive the name, etc., by deceiving the victim, received the total amount of KRW 5.77 million from the victim to the above bank account on the same day, and acquired it by fraud.

In this respect, the Defendant did not have the above name.