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(영문) 춘천지방법원 2019.11.27 2019고단711
사기방조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around March 11, 2019, the Defendant received a proposal to the effect that “Around March 11, 2019, the Defendant would make loans to increase credit rating of KRW 20 million by creating a bank account transaction performance and raising credit rating by making a bank account transaction performance.”

In spite of the fact that the Defendant was aware of the fact that the source of money deposited in his account would result in the commission of a telephone financial fraud if he withdrawss money in cash and delivers it to another person, the Defendant notified the Defendant of the account number (C) of the Defendant’s bank account after accepting the proposal of a person with no name.

On March 15, 2019, a telephone financial fraud assistance employee was transferred KRW 9.5 million to the above B Bank (C) account opened in the name of the defendant and KRW 13 million from the date of the victim’s name, by misrepresenting the victim D to make a loan at low interest when he/she redeems existing loans. When raising credit rating by increasing the financial transaction performance, he/she would make a deposit to a designated account as possible, and then, he/she received a transfer of KRW 13 million from the victim to the said B Bank account (H) account opened in the name of the defendant on the same day.

On the same day, the Defendant, upon receipt of an order from an employee of the aforementioned telephone financial fraud assistant to withdraw the deposit and deliver it to another person, and then withdrawn KRW 9.5 million deposited from the victim at the locking point of B Bank I located in Songpa-gu Seoul Metropolitan Government, in cash, and delivered the amount of KRW 9.5 million to the bearer of the cash collection book designated by the said organization.

Ultimately, the Defendant, as seen above, aided and abetted the crime of telephone financial fraud by the above-mentioned person.

No person shall transfer or acquire any means of access, except as otherwise expressly provided for in any other Act, in using and managing the means of access.

Nevertheless, the Defendant posted online loans on April 19, 2018.

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