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(영문) 인천지방법원 2019.06.27 2019고단1392

사기방조등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

[2019 Highest 1392] - The organization of fraud fraud fraud crime is an organization that operates a call center in China and other foreign countries, and commits a crime under the law by misrepresenting an investigative agency or financial institution to obtain money from many unspecified people by fraudulent means, such as making a false representation of a deposit, etc., and is operated in the form of an organization by sharing the roles of “inducing” that attracts many unspecified victims by telephone, etc. for the commission of the crime in question, “passing the passbook” that solicits a large number of unspecified victims to be used for the crime, “passing the passbook” that solicits a large number of unspecified victims to withdraw and deliver the cash deposited in the passbook, etc., “passing books” and “transfer books” that manage them, and “total books that plan and instruct the overall crime.”

On November 30, 2018, the Defendant listened to the phrase “a loan can be received if the loan is at least KRW 10 million, but if the loan is made into a new account, it may be further received. To withdraw the money to deposit money and deliver it to our employees.” After accepting the foregoing fact, the Defendant knew that it was illegal, notified the Defendant of the bank account in the name of D’s name account (Account Number: E) operated by the Defendant.

On December 3, 2018, the name-free person assumes the position of the public prosecutor's office staff and calls from the victim F to the victim F to the effect that "the money laundering is being made by opening a personal account in Seoul G. Whether the party is related to a crime, and the money that he/she has to confirm whether there is no illegal funds in the party account, and withdraws the money that he/she has to hold to the Financial Supervisory Service to the employees of the Financial Supervisory Service." On the same day, he/she received KRW 16 million from the victim to the corporate bank account in the name of the said corporation D around 12:17 of the same day.

After the same day, the defendant is a corporate bank located in Ansan-dong around 12:39.