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(영문) 광주지방법원순천지원 2020.08.14 2020고단937
사기방조등
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 25, 2019, a named and unsatisfyed person, who was an organization of telephone financial fraud crime against the victim B (hereinafter referred to as “satisfing”), made a false statement to the effect that “a loan can be made with a low interest rate as a government-funded fund if he/she redeems the balance of a term loan or card payment to the victim B, even though he/she did not intend to provide a loan to the victim B,” by phoneing the victim to the victim without intention to do so.

On October 28, 2019, the above name-freeist suggested that the Defendant “if money is deposited on the card to send a cash card, it would be withdrawn and notified again by the account number.”

Therefore, the Defendant accepted the above proposal even though he knew that it was a singing crime, and received cash cards connected to the C bank account (E) from a person who was unaware of his name on October 29, 2019 along with a password.

On the other hand, on October 30, 2019, the victim transferred KRW 5670,000 to the bank account under the above C name around 16:54 on October 30, 2019.

Accordingly, the defendant, by deceiving the victim and deceiving the victim, 5670,000 won, assisted the crime of fraud of the victim by facilitating the crime such as withdrawing the money remitted by the victim in cash and delivering it to the person who was not the victim.

2. Crimes against victim F;

A. On October 30, 2019, at around 10:00, the person who was unaware of the name, who was the cause of the fraud aiding and abetting organization, made a false statement to the effect that “a loan will be made at a low interest rate if an existing loan is repaid” by phoneing to the victim F even though the victim did not have any intent to provide the loan to the victim F.”

At around 13:00 on October 30, 2019, the above name omittedist offered a proposal to the defendant that the defendant "around 13:00, the account number of the principal is known to him/her, and a group of individuals deposits money to the account and then the withdrawal and notification is made to him/her."

Accordingly, the defendant is a criminal act of Bophishing.

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