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(영문) 인천지방법원 2021.01.13 2020고단6729

사기방조등

Text

A defendant shall be punished by imprisonment for one year.

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

【2020 Highest 6729】

1. The singishing organization consisting of “total liability” that manages and operates the organization and directs the overall crime, “working liability” that demands a financial institution or investigation agency to deliver money by misrepresenting himself/herself via telephone or Mesensing, “a solicitation of passbooks” that collects or moneys moneys moneysing from fraud, and “a solicitation of passbooks” that solicits a passbook to receive or money moneys from fraud, and “a cash collection account” that directly withdraws moneys moneys using the large account collected as above and delivers moneys to the relevant fee-raising staff, or transfers moneys moneys without moneys to money laundering account using personal information of many people, and “financial management account” that spreads moneys money laundry damages to the money laundering account designated by the total liability.

On April 3, 2020, the Defendant received a proposal to collect cash in the purport that, “A” from the name and non-sceptee (one name “C”), the Defendant, “C, and, upon receiving cash from the obligor, remitted to a quasi-designated account, 1% of the amount of cash remittance shall be paid as allowances, and KRW 2 million shall be paid at a fixed monthly salary.”

After that, on April 14, 2020, the name-free person called the victim D (son, 70 years of age) by phone to the victim D, and misrepresented the E bank staff, and "if a loan is made at another bank, the registration of the bad credit holder shall be made due to the violation of the Financial Transactions Act, and half of the existing loan shall be repaid, and the credit in return to the employee shall be delivered," and the victim shall prepare the cash.

The Defendant, at around 15:50 on April 14, 2020, took place in front of the F Building in Jung-gu, Seoul, Seoul, as if the Defendant was an employee of a financial institution, received KRW 5.1 million from the victim, and subsequently moved to a nearby bank and received the remainder except the Defendant’s share.