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(영문) 대전지방법원 서산지원 2019.11.27 2019고단774

사기방조

Text

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

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

Reasons

Punishment of the crime

On January 1, 2019, the Defendant received a proposal from a person who was unaware of the name of the telephone financial fraud organization, which became aware of in the form of a letter of loan advertisement, to the effect that “to grant a loan to a maximum of five million won without security,” and the Defendant received a loan by informing the above person of the account number of the Defendant’s B (C). However, the Defendant was able to hear the statement that the loan was abnormal in the process of the loan from the surrounding persons in the P.M. on the same day, and was able to fully close the fact that the loan was not a normal loan, thereby cancelling the application for the loan by putting the phone to the above person who was unaware of the name.

Since then, on January 28, 2019, the above-mentioned person false statement that "the victim obtained 19.9% loans from the E Bank at an interest rate of 19.9% per annum. In order to transfer to the F Bank, it is necessary to pay a fee." On January 31, 2019, he/she received 1.3 million won from the victim to the above-mentioned B account in the name of the defendant around 10:38.

The Defendant knew that the process of lending was not normal, and the fact that he was involved in the previous telephone financial fraud crime and transferred the e-mail card connected to the account under the name of the Defendant to the members of the telephone financial fraud organization, and was able to fully know the structure and method of the telephone financial fraud by undergoing an investigation by the witness, but around January 31, 2019, the Defendant would have received a demand from the non-named person to deposit money to the Defendant’s designated account. At around 11:10 on the same day, the Defendant withdrawn KRW 1.3 million from the above account under the name of the Defendant at Seog-si G around 11:24 on the same day, and then remitted the above KRW 1.3 million from the window of the I B book store located in Seog-si to the account under the name of J (K) designated by the Defendant.

On February 1, 2019, a person who has been unable to make a statement to the same victim by posting a phone to the same victim.