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(영문) 서울남부지방법원 2016.06.21 2015고단5255
컴퓨터등사용사기방조
Text

Defendant

A, C, or D shall be punished by imprisonment with prison labor for up to eight months.

However, as to the above Defendants for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On July 24, 2015, Defendant A, C, and D received books from members of the Non-Named Telephone Financial Fraud Group, and contacted them by telephone, and collected fees of KRW 500,000 per case of withdrawal, as instructed by the Defendant.

However, the defendant did not disclose his identity of the deceased.

In full view of the fact that the Defendant’s account was transferred to the Defendant’s account itself at first, the fact that the most large amount of money was deposited in one time, the mere withdrawal fee is too large, and the report on telephone financing fraud was growing at the media and the Internet around that time, etc., it was sufficiently aware that the above funds could be the source of the monetary damage by telephone financing rather than the money for horse racing or sports sports debate.

Defendant

C On July 27, 2015, after receiving a telephone call from a member of the Non-Named Telephone Financial Fraud Group, the Defendant’s account was deposited in the Defendant’s account as instructed by him, and the Defendant withdrawn the amount of Bosing damage and received fees in return for the withdrawal.

However, in full view of the following facts: (a) the Defendant was merely a member of a national bank; (b) the Defendant did not disclose a direct title or name; (c) the Defendant had received a loan but did not have any record of transaction; and (d) the Defendant did not require the most basic documents such as a resident registration copy while harming the loan; and (b) the Defendant did not prepare a loan contract without setting the specific terms and conditions of the loan, it was sufficiently aware that the said loan could be an amount of money from telephone financing damage, rather than funds for accumulating the transaction performance for the purpose of the loan.

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