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(영문) 서울서부지방법원 2019.05.17 2019고단288
사기방조등
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The Defendant, “2019 order 288”, even though he was aware that he was an employee of the commission of the crime of telephone financial fraud (hereinafter referred to as “scaming”), was willing to offer money of KRW 100,000 or KRW 300,000 per day to the account designated by the winners of his name in return for the withdrawal of the amount of damage from his name and deposit from his name in the account designated by the winners of his name. The Defendant had expressed his intention to facilitate the above scaming crime.

On December 4, 2018, at least 11:30 on December 11:30, 2018, the person under whose name the victim was named was called the phone to the victim D (the age of 57). The person under whose name the passbook was the prosecutor's office, which is a public prosecutor's office, should take hacking into account the hacking and make a detention investigation, so if the head of the passbook is confirmed to be a victim, he can make a summary investigation without being bound by the party, so he/she could cooperate in the investigation. As such, the prosecutor's investigator stated that "The public prosecutor's office investigator will provide money and valuables collected to him/her in the future of the party office."

However, the person in poor name was not a prosecutor or prosecutory investigator, and there was no intention and ability to confirm the relationship of crime with the money received from the victim in mind of deceiving the victim, and to return the money.

On December 4, 2018, at around 13:30 on December 4, 2018, the Defendant: (a) opened a key of 4.5 million won and the market price of 1 million won from a victim who was under the direction of a person who was on the street before the residence of the victim E in Eunpyeong-gu Seoul, and transferred the key of 4.5 million won to an account designated by the person who was unable to receive the name, and (b) transferred the key of 4.5 million won to a nearby F bank, etc.; and (c) transferred the key of f.8 million won to the Defendant, who was under the direction of the person who was unable to receive the name.

As a result, the defendant aided and abetted the crime of fraud of a person who has not received a name.

"Name 2019 Highest 805" is the total responsibility of a telephone financial fraud (hereinafter referred to as "singing") criminal organization, and the Defendant is instructed by G and B from the above person under his/her name.

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