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(영문) 수원지방법원 2019.05.22 2018고단6858

사기방조

Text

A defendant shall be punished by imprisonment for six 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

A person who is the general responsibility of the telecommunications-based financial fraud (hereinafter referred to as "scam") organization shall organize various stages, such as deceptions, management measures, and cash delivery measures. An employee who is subject to the deception leads many and unspecified persons to make a loan at a low interest rate by misrepresenting himself/herself to the staff of a financial institution without permission, thereby leading people to deposit money with an account in the name of the cash delivery measures that he/she has collected in advance under the name of the deposit money, etc., and an employee who is subject to the management measures commits a crime in sequence by soliciting cash delivery measures and remitting money to another account secured in advance when he/she deposits money into the account in the name of the cash delivery measures.

On July 2018, the Defendant: (a) received a proposal from a person under whose name the Defendant misrepresented “B Bank” staff to “B Bank”; and (b) notified the Defendant of the C Account Number (D) in the name of the Defendant, in response to the proposal, that “I would have to get a loan upon the transfer of company funds from our country to the order of the company funds sent by our country.”

On the other hand, around December 2017, the Defendant: (a) was aware that the account was used by the investigative agency for the crime of Bophishing fraud; (b) the account was investigated by the investigative agency on the ground that the account was used for the crime of Bophishing fraud; and (c) if the Defendant sent the means of access, such as the Defendant’s account number or physical card, to the bearers, the account was used for the crime of Bophishing fraud.

On July 4, 2018, it is possible to lend money at a low interest rate of up to 50,000 won by misrepresenting the victim E with a financial institution by telephone from the hearing on July 4, 2018.

However, money is deposited into an account with which the credit rating is low and the need for deposit is known.

‘Falsely speaking, the victim from 14:33 on the same day to 18:21 on July 5, 2018, after which the victim affixed the next day.