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(영문) 대구지방법원 김천지원 2020.06.25 2020고단309
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

On November 2019, the Defendant: (a) received a proposal from a person with no personal seal from his/her name in order to obtain a loan; (b) purchased merchandise coupons with money deposited in his/her account in the Defendant’s name and delivered it to the employee; and (c) notified the Defendant’s account number to the person with no personal seal; (d) notified the Defendant’s account number to the person with no personal seal; and (e) received money identifying the source of money deposited in the said account to the person with no personal seal.

On December 9, 2019, an employee of the Singishing service in name made a false statement to the effect that “A bank will grant a loan at a low interest rate” to the victim B, and that it would have the victim remit KRW 10,325,600 to the D Association account in the name of the Defendant (number : E).

At the time, the Defendant was aware that applying for a loan only with telephone calls, and making a false loan transaction was not normal in order to create transaction performance, and the Defendant’s credit rating cannot be deemed to have been increased in the abnormal manner of purchasing merchandise coupons by means of money wired to the account under the Defendant’s name, and paying a nominal holder. As such, the Defendant was sufficiently aware that the money deposited in the account under the Defendant’s name could be the damage source for the crime of Bophishing fraud, given that the Defendant did not confirm what is the actual employees of financial institutions and the location of financial institutions.

Nevertheless, at around 15:11 on the same day, the Defendant purchased gift certificates of KRW 10,100,00,000, out of KRW 10,325,600, which were remitted to the said account from the merchandise coupon retail office in the G store in the Nowon-gu, Nowon-gu, Seoul Special Metropolitan City, and delivered the said G parking lot to the person in default of name in the vicinity of the said G parking lot. At around 15:18 on the same day, the Defendant transferred KRW 100,000,000 to the H in the name of the H in the K in the K in the K in the K in the name of the K in the K in the

In this respect, a person who has not been named.

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