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(영문) 서울북부지방법원 2020.02.18 2019고단3348

사기방조

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Telecommunications financial fraud (one-time Bosing) is an organized crime with various stages of structure, such as “total liability” that plans and instructs a total crime, “influences by deceiving and threatening a victim,” “influences by solicitation and delivery” that solicits and delivers a cash account or cash card, account for the crime, etc., “book” that withdraws or directly delivers money transferred by the victims at the cash payment machine or bank counter, “cash delivery” that delivers cash from cash withdrawals to the domestic or foreign total books, “cash deliverys” that deliver deposited criminal proceeds, and “transfers” that transmit deposited criminal proceeds.

On January 29, 2019, the Defendant: (a) proposed that “a loan may be made to B; (b) since the transaction performance needs to be made with the connected financial business entity; (c) would be given a loan by withdrawing and delivering the relevant money; (d) would be given a loan by withdrawing and delivering the money; and (e) accepted the said proposal with the awareness that it was possible to commit the phishing crime; and (e) notified the Cbank account (D) in the name of the Defendant.

On January 31, 2019, the above Bosing inducement book on name is a phone call to the victim E, and the victim E is investigating the fact in connection with the finance criminal organization. It is necessary to investigate whether the crime is a finance crime, and if you send money to the national safety surveillance account, they would return money later.

However, in fact, the above inducement policy was not an investigator, and only was the intention to commit the Bosing fraud, and there was no intention or ability to return it even if the victim received money.

On January 31, 2019, the above-mentioned inducement policy was issued to the above account in the name of the defendant on January 31, 2019 by deceiving the victim as above.