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(영문) 인천지방법원 부천지원 2019.06.25 2019고단316
사기방조
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 21, 2018, the Defendant: (a) received a proposal from a name-free box (one name “B”) who assumes the employees of a lending company at an influence place; and (b) notified the Defendant of the name-free account (D) of the name-based bank account (one name “B”) to the effect that the details of the withdrawal transaction remain, as if the withdrawal transaction had been made; (c) deposit the C Bank funds into the account in the name of the Defendant; and (d) withdraw the deposited money and deliver it to the employees of the company.”

However, the Defendant was aware of the fact that the bank did not issue a marina passbook from the bank, and that such an act was sufficiently recognizable, unlike the general loan procedure, such as making a false statement to prepare for questioning the Defendant about the deposit and withdrawal from the account holder.

On November 26, 2018, the name-freeist misrepresented the victim E by misrepresenting the head of the FF bank G team in the name of the victim E on November 26, 2018, and falsely concluding that “if an existing loan is repaid, the repayment of the existing loan will be deposited at a low interest rate in the bank account.” The victim was forced to account transfer 5 million won to the company bank account in the name of the defendant.

At around 13:54 on the same day, the Defendant withdrawn 5 million won from the counter of the corporate bank Myeonba-dong, Seoul Jung-gu, to the Defendant’s corporate bank account at the bank counter of the bank located in Jung-gu, Jung-gu, Seoul, and delivered the money to the bearer of the name who collected the cash outside of the bank.

Accordingly, while recognizing the fact that a person who was unable to obtain his name (one name “B”) was accused of committing a so-called phishing crime by deceiving the victim, the Defendant withdrawn the amount of damage and delivered it to the person who was unable to obtain his name, thereby aiding and abetting the crime of phishing.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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