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(영문) 대구지방법원 서부지원 2021.02.05 2020고단1124
사기방조
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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, while pursuing a part-time project via the Internet around October 2019, is not easy and illegal from his name in the name of the Defendant.

Alba shall be Seoul.

Around November 26, 2019, in the digital park near the digital station, Guro-gu Seoul Metropolitan City, the following: (a) if you send money to the four head of the Tong, you will be exempted from withdrawing the money in cash to the convenience store, and (b) transfer the remainder to the account known to him.

After receiving the proposal stating that 10% of the 10% of the money in depth will be paid as a daily allowance, it was intended to withdraw or remit the money deposited to the Defendant’s account.

However, the Defendant had already been aware of the method of committing the phishing through the media, etc., and around May 2019, the Defendant had experience of being investigated on suspicion of having been used for the phishing crime by providing an account in the name of the Defendant by providing the account in the name of the Defendant. Accordingly, the Defendant was sufficiently aware that the nameless person was trying to withdraw the amount of the phishing damage through the Defendant’s account.

On November 26, 2019, by using the Kakao Stockholm on the part of the victim B, and by deceiving the victim to transfer money on behalf of the victim, he/she acquired 4 million won from the victim to the agricultural bank account (C) in the name of the defendant.

In addition, the Defendant withdrawn and remitted cash from the cash withdrawal machine at the convenience store located in the same day, as instructed by a person who was not aware of his name.

Accordingly, while recognizing the fact that the Defendant, by deceiving the victim, was committing the phishing crime by deceiving the victim, the Defendant was able to take the role of withdrawing the amount of damage as above, thereby making it easier to commit the phishing fraud.

Summary of Evidence

1. The details of financial transactions in B’s statement in the Defendant’s legal statement, and photographics and withdrawals after closures.

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