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(영문) 서울중앙지방법원 2019.03.15 2018고단8378
사기방조등
Text

A defendant shall be punished by imprisonment for six 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

1. On July 21, 2018, the Defendant was urged to assist unspecified victims to obtain loans, and was urged by the Defendant to the effect that the Defendant would collect money transferred to the Defendant’s head of the Tong to the Defendant’s “Singishing” organization’s name and the Defendant would receive KRW 500,000 per a day on the face of NA, by withdrawing the money transferred to the Defendant’s head of the Tong, and then notified the said name and the account number and password under the name of the Defendant.

On July 24, 2018, the person in poor name referred to above means false statement that "in order to obtain a loan at low interest rate of 130 million won, it is possible to lend the existing loan at low interest rate of 100 million won to a designated account by lowering credit rating, so it is possible to repay the existing loan at low interest rate of 130 million won." On July 24, 2018, 3 million won was transferred from the victim to the Bbank (H) bank account in the name of G (H) account in the name of G (H) around July 24, 2018; 6.22 million won was transferred from the J Bank account in the name of G (K) around July 25, 2018; 5.5 million won was transferred from the same day to the above B Bank account in the name of the defendant on the same day; 5.5 million won was transferred from the victim on the same day to the above B Bank account in the name of the defendant; 5.255 million won was remitted.

Since the Defendant deposited in the above bank account in the name of the Defendant, the Defendant received the order of the above person who was not entitled to receive the order of withdrawal from the bank account, and on July 25, 2018, intended to withdraw KRW 5.5 million at the Central Office of Gangnam-gu Seoul and the second floor, Q and the second floor, but failed to arrest and withdraw the police officers dispatched upon receiving the report of Bosing.

As a result, the Defendant provided the Defendant’s account to use the Defendant’s account for the crime of Bophishing fraud, and then withdrawn it and attempted to deliver it to the above person under whose name the Defendant’s account was named, thereby facilitating and aiding and abetting the Defendant’s crime of Bophishing.

2. Violation of the Electronic Financial Transactions Act;

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