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(영문) 수원지방법원 2019.09.26 2019고단3927
사기미수방조
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The so-called Bophishing criminal organization of the Telecommunications Fraud Group is based on China and other foreign countries; it is divided into the Internet telephone network, telephone number operating device, representative number connection device, etc. to build facilities necessary for criminal acts such as the Internet call center office, and to operate and manage the organization comprehensively; telephone incentive to induce victims by communicating to unspecified victims; management measures to collect financial information such as the victim's account number and password; withdrawal measures to transfer the damaged amount to the large account using the victims' financial information; remittance measures to transfer the withdrawn amount to the large account using the victims' financial information to the large account; and mediation measures to recruit the organization.

Under the direction of the total liability as the member of the telephone financial fraud group, the person who was unaware of the name was recruited to collect the amount of damage caused by telephone financial fraud in cash from the financial account and deliver the amount to his designated person.

On January 1, 2019, the Defendant accepted the proposal that “I would make a loan by creating a false transaction performance” from the Internet (the name “B”, the suspension of indictment on the same day) and then will withdraw the money deposited in the current account and deliver it to the employee sent by us.”

Around January 8, 2019, the Defendant had already been investigated as a crime of aiding and abetting fraud by withdrawing and delivering the money deposited in the account under the Defendant’s name with the statement that the Defendant would make a loan by making a false transaction performance at the Osan Police Station and then had already been aware of the fact that Bosing’s general responsibility was to collect the withdrawal of the money, and that the Defendant had already been aware that the loan through the fraudulent transaction performance itself was illegal. Therefore, the Defendant’s act was committed by telephone financial fraud, etc.

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