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(영문) 서울서부지방법원 2017.01.13 2016고단3531
사기방조등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant misrepresented the victims with telephone calls to investigative agencies, and attempted to assist the victims in committing the criminal act of the phishing organization by receiving money transferred to the account used by the victim in the phishing organization or by the Boscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamsscamscamscamscamscamscamscamscamscamscamscamscamscamscamscams

1. On October 11, 2016, the non-person who was named in the name of aiding and abetting fraud calls the victim C at an infinite area Seoul (Seoul) and falsely expresses that “I would transfer all money he/she had in the name of a national bank account in D (E) for the investigation of the instant case because I were the prosecutory investigator, and the current account was reported by theft in the name of the party, so I would like to transfer all money he/she has in the name of a safe account to D (E) after the completion of the investigation.”

However, in fact, the above person under the name was only a member of the criminal organization of Bosishing criminal organization who misrepresented the prosecution investigator, and the victim's account was stolen, and there was no fact that the account of the victim was stolen. The account in the name of D is only used for the crime in the Bosishing organization, and there was no intention or ability to transfer money to the victim again.

At around 13:30 of the same day from the person who deceivings the victim, and then transferred 5.5 million won to the national bank account in the name of D on the same day, and the Defendant around that time received the above 5.5 million won, which was withdrawn by D prior to the 2nd calendar calendar in Eunpyeong-gu Seoul Metropolitan City, from D, and known to the person who was not the holder of the name, thereby making it easier for the Defendant to commit the crime of influencing the name by remitting it to the non-fluencing account used by the singish organization.

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