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(영문) 인천지방법원 부천지원 2019.06.04 2019고단325
사기방조
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2018, the Defendant received a proposal from an employee under the name of the Defendant to grant a loan by inserting a transaction record using an account in the name of the Defendant’s name and inserting it to the Defendant’s name. The Defendant, despite being aware that the Defendant’s account was used in committing a fraud under the Bophishing Act, intended to provide the account under the name of the Defendant to the said person, and withdraw and deliver the remitted money to the account, with the knowledge of the fact that the account was used in the fraud of the Bophing Act.

1. On August 31, 2018, 2018, the scaming staff of the victim C in collusion with the victim C to call to the victim C at an irregular place at around 13:00 on August 31, 2018, and falsely stated that “low interest rate is possible. First of all, money should have been paid up to the lapse of the time to increase credit rating.”

The victims of false names, as seen above, were accused of the victim, and were transferred to the E bank account (Account Number:F) in the name of the defendant at around 13:29 on August 31, 2018, KRW 1.5 million on September 3, 2018, KRW 1.5 million on the same account at around 12:29 on September 3, 2018, and KRW 200,000 on the same account at around 16:14 on the same day.

Around August 23, 2018, the Defendant knew that he/she was committing a crime of fraud as above, (i) provided two account numbers of the EF bank account (F and G) in the name of the Defendant by telephone to the person who was unaware of his/her name, and (ii) provided him/her with such account to be used for committing the crime. (iii) around August 31, 2018, the Defendant withdrawn 1.5 million won, which the victim remitted to the Defendant’s account at Goyang-si, Goyang-si, in cash, and deposited it into the account designated by the deceased; (iv) around September 3, 2018, at the EF I bank International Financial Center located in Goyang-si, the Defendant deposited 1.5 million won and 2 million won, which the victim remitted to the Defendant’s account, in cash, and deposited and delivered it to the account designated by the deceased of his/her name, respectively.

Accordingly, the Defendant’s nameless scaming staff against the victim C.

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