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(영문) 서울서부지방법원 2018.06.15 2017고단1536 (1)
사기방조
Text

A defendant shall be punished by imprisonment for six 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 October 31, 2016, the Defendant received a proposal to deliver the money deposited in the Defendant’s account under the name of giving work loans from an employee (title B and C) who assumes the position of the employee of the savings bank, and agreed to do so, and served as the head of the same criminal organization and the liability to withdraw the money. On October 31, 2016, Defendant D and E paid KRW 66,000 per day for the purpose of delivering money from an employee (one person F) to an employee of the non-name telephone financial fraud crime (one person) that he/she becomes aware of through the Internet job offering and job-seeking site, and Defendant E play the role of delivering the remittance of the above telephone financial fraud organization, and Defendant E was responsible for the delivery of the above organization.

On October 28, 2016, an employee in charge of the crime of false telephone financing fraud makes a false statement that much amount of money is remitted to the victim G in order to create the results of trading as a result of making a loan by telephone from the victim G at a closed place. On October 31, 2016, the employee was transferred KRW 10,158,770 to the Defendant’s name SC Japan bank account (H) around October 31, 2016.

At around 11:15 on the same day, the Defendant, upon the instruction of the person who was unable to win his name, withdrawn KRW 8 million from the Sungdong branch of the SC Japan Bank located in Seongdong-gu Seoul, Seongdong-gu, Seoul to Defendant E in the vicinity of the above bank, and then deliver it to Defendant E in the vicinity of the above bank. Defendant E re-delivery to Defendant D in the neighboring area, and Defendant D deposited it to the new bank account (J) with the name of the person who was unable to win his name.

Accordingly, the defendant, in collaboration with the defendant D and E, was able to easily commit the crime of telephone finance fraud of the non-persons in a name.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each protocol concerning the examination of suspect of the police against E or D;

1. Statement of the police statement related to G;

1. A table of remittance;

1. An investigation report (Kakao Stockholm messages) 1.

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