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(영문) 의정부지방법원 고양지원 2018.09.06 2018고단1076
사기방조
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 12, 2018, the Defendant: (a) received a proposal from a person under the name of the Defendant to Kakaox to “be able to grant loans, and prepare the details of deposit and withdrawal, thereby accumulating the transaction performance; (b) withdrawn money from the transfer to Kakao; and (c) notified the Defendant of the new bank account (C) in the name of the Defendant.”

However, the Defendant had already been aware of the loan process in the past by receiving several loans in the past, and at that time, the Defendant instructed the Defendant to make a false statement on the name of the withdrawal at the bank counter, and the Defendant sold money with a false statement and money in accordance with the instructions of the person who has not actually been killed in the name. Therefore, unlike the general loan procedure, it was sufficiently recognizable that such act was a lump sum of the crimes of licensing, in contrast to the general loan procedure.

On January 12, 2018, the name-free person called the victim D at a non-permanent place on January 12, 2018, and called the victim D, "The Seoul Southern Prosecutors E investigator, and the bank account in the name of the party was used for committing the crime.

If all of the money in a bank is deposited into the Financial Supervisory Service account, it is intended to confirm and return the relationship of crime.

“Falsely speaking,” and it was acquired 8 million won through a new bank account in the name of the accused on the same day from the injured person.

In addition, the Defendant withdrawn KRW 8 million that the injured party transferred to the Defendant’s new bank account at the 65th, Seo-gu, Busan, Seo-gu, Seoyang-gu, Seoyang-gu at the same day, and then delivered it to the party who was waiting before the bank.

Accordingly, while recognizing the fact that the Defendant, by deceiving the victim by deceiving him, was committing the so-called phishing crime, the Defendant: (a) withdrawn the amount of damage; (b) delivered it to the victim; and (c) made it easier for the Defendant to commit the said phishing fraud.

Summary of Evidence

1. The defendant's legal statement (third time);

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