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(영문) 제주지방법원 2020.05.07 2020고단335
사기방조
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 October 31, 2019, the Defendant was sentenced to imprisonment with prison labor for the crime of aiding and abetting fraud at the Jeju District Court for eight months and two years of suspended execution on November 8, 2019 and the judgment became final and conclusive on November 8, 2019.

On August 9, 2018, a name-free person who works as a member of a telephone financial fraud organization made a telephone call with the victim B and made it possible for the victim to carry out the procedure of identification by transmitting the “C bank identification service” program through the Kakao Stockholm message to the effect that “the C bank employee will give a loan at low interest if all existing loans are repaid.”

However, in fact, the above "C bank identification service" program is not a C bank employee, and even if the victim calls in the normal number of a financial institution, it is a hacking program that makes the victim connects the financial fraud operator to the financial institution. If the victim is aware of the phone calls to the existing financial institution to repay the loan, the financial fraud operator's employees will receive the loan and inform the victim of the so-called Bophishing account number so that the loan can be repaid, and there was no intention or ability to proceed with the loan.

On August 9, 2018, the person under whose name the victim was deprived of the victim and caused the victim to transfer KRW 9,840,000 to the E Bank Account (F) in the name of “BD” around 17:50 on August 17, 2018, KRW 23,930,000 to the G Enterprise Bank Account (H) around 11:50 on August 10, 2018, KRW 10,000 to the J Bank Account (K) account in the name of “BD company” and received KRW 5,60,000,000 from around 15:0 on August 10, 2018; KRW 10,000 to the K Bank Account in the name of “BD company” (M); KRW 10,00,000 on August 17, 2018; KRW 20,000 on August 127, 2018; and

The defendant committed the above fraud by the telephone financial fraud organization in the name of the defendant.

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