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(영문) 서울중앙지방법원 2018.08.23 2018고단3208
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 3, 2017, from around 13:00 to around 15:00, the Defendant has a good to lend money to ordinary people who can obtain a loan at the interest rate of 20% per annum from the phishing staff.

When sending a certified copy, abstract, a detailed statement of rehabilitation repayment, a copy of identification card, and a loan account number by facsimile, contact will be made after examination.

“After receiving a loan advertisement phone,” the Defendant sent a copy of the Defendant’s resident registration card, an abstract, and an identification card stating a new bank account by facsimile to the above-mentioned person. On December 4, 2017, around 14:00 of the following day, “10 million won will be deposited from the above-mentioned person’s name.”

After withdrawing cash, 6 million won was used by the Defendant, and the remainder was delivered to B through Kwikset Services.”

The defendant, although he was aware that he was able to use money by deceiving a bank staff, etc. by deceiving many and unspecified persons, he had the above person under his name used the personal information of the defendant and the new bank account in order to assist him, and if the damage amount was deposited into the defendant's account, he would have withdrawn it and used it individually.

Therefore, the nameless phishing phishing employee calls to B while misrepresenting to the Korean Savings Bank Employees C on December 4, 2017 at around 11:00, and then integrating existing loans at a low interest rate.

In order to the effect that the existing loan will be repaid at a rate of 8% per annum, 27 million won per annum, which is the same as the domestic bank designated by the Government, B made a false deposit with the victim D, and B made a deposit with the new bank account (Account Number: E) in the name of the defendant, with the same day at the request of the victim D, who is the birth.

In this regard, the defendant could easily commit the crime of fraud of a person without a name.

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