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(영문) 대전지방법원 2019.08.16 2019고단1677
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The names and misscam boxes, which are the causes of the Boscing organization, have tried to misrepresent the financial institution and to defraud money against many and unspecified people across the country.

On November 16, 2018, the Defendant received a proposal stating, “In the event that the number of account opened in the name of the party is known, the Defendant would be able to receive a loan from the account holder on the face of the transfer of money to the account and receive the loan from the account holder,” and notified, respectively, the account number (C) of the bank account in the name of the Defendant and the account number (E) of the D account in accordance with the instructions of the account holder.

1. On November 20, 2018, the victim F, who received the account number in the name of the defendant in the name of the victim F, falsely called the victim F by telephone to the victim F at an unsound place and misrepresenting him/her as G staff, and “a loan may be promptly granted if an existing loan is repaid.”

However, the above-mentioned person was not G employee, and there was no intention to provide loans to the above victim, and he was thought to use the above money in the Bophishing organization.

At around 15:30 of the same day, the above victim remitted KRW 4.9 million to the B Bank account under the name of the defendant, and the defendant knew that the employees of the B Bank under the name of the defendant et al. want to acquire money from others by using the borrowed account of the defendant et al., the defendant, who was aware of the fact, transferred money to the D (Account Number) account in the name of the "J", which was known to the above holders of the B Bank I Hospital branch in Daejeon-gu, Daejeon, by withdrawing the money transferred as above from cash at around 16:18 of the same day, and notified the above holders of the money.

Accordingly, the defendant provides his account so that he can be used for the crime of Bophishing fraud, and withdraws the amount of money wired to his account in cash and deposits without a passbook to his name.

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