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(영문) 인천지방법원부천지원 2020.11.05 2020고단3082

사기방조등

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 of the final judgment.

Reasons

Punishment of the crime

The telephone financial fraud organization (hereinafter “Sphishing organization”) is an organization that commits a crime by having victims receive money directly from the victims or transfer money to the accounts secured in advance by the victims, etc. under the pretext that it would have to allow them to get a loan by a telephone to an unspecified number of victims, or to confirm the relationship with a crime by using a telephone. It is operated in the form of an organization by using a mobile phone phishing case where it is difficult to track the investigation agency in preparation for arrest.

Meanwhile, if it is deemed that the account of a user is used as a suspected transaction account that may cause damage to telecommunications-based financial fraud through self-inspection, a financial company shall take measures to delay or temporarily suspend the transfer or remittance of all or part of the relevant user’s account, and accordingly, in the case of a large-amount withdrawal transaction for the prevention of telecommunications-based financial fraud, a financial company shall require the relevant user to prepare a door-setting for the prevention of loss from singinging, and in the process, if it is suspected that money is related to telecommunications-based financial fraud, it shall confirm the details of the actual transaction or report it to an investigation agency,

On November 18, 2019, the Defendant, who misrepresented the staff of the Bank B on November 18, 2019, obtained a loan by raising credit by creating false details of transactions through an account in the name of the Defendant.