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(영문) 대구지방법원 서부지원 2020.01.31 2019고단833
사기방조등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

except that 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

Around November 2, 2018, the Defendant received a proposal from the singishing investigator who contacted the Defendant’s mobile phone to “on the basis of a cash withdrawal of the money deposited in the account under the Defendant’s name and then delivered it to the designated person after exchanging the money for merchandise coupon,” and then consented to the proposal, and then notified the account number (Account Number C) of the Association in the name of the Defendant.

In accordance with the above lending procedures and instructions, the Defendant was aware that the amount of money deposited in the account under the Defendant’s name is abnormal by exchanging it with the department store store and delivering it to the account holder. The Defendant did not have confirmed the existence of the lending company to which the account holder belongs. Thus, the Defendant recognized that the amount deposited in the account under the Defendant’s name can be the damage amount for the crime of Bophishing fraud.

Nevertheless, around November 6, 2018, the Defendant made a false statement to the victim D without intent or ability to make a loan by a member of the Bophishing Organization on his/her name, and made it possible for the Defendant to use the Defendant’s name B association account in order to obtain money from the victim to B association account in the name of the Defendant on the same day. On the same day, the Defendant made a withdrawal of KRW 17 million out of the deposited KRW 18.2 million at the F association Creditsan Branch located in Daegu-gu, Daegu-gu, the Defendant made a withdrawal of KRW 12,00,000,000 to KRW 12 and KRW 5,000,000,000,000,000 won from the above deposited at the F association Creditsan Branch located in Daegu-gu, Daegu-gu, and made an exchange of the above Chapter 12 from H to H gift certificates on the same day, and delivered the said KRW 12,20,500,000 won to the said person.

No person of "2019 Highest 2201" shall transfer the means of access to electronic financial transactions.

The defendant is a first policeman on May 2019.

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