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(영문) 인천지방법원 2019.08.22 2019고단3348
사기방조
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[2019 Highest 3348] The telephone financial fraud (hereinafter referred to as “scam”) organization consists of: (a) inducement of victims by deceiving them to obtain money from them; (b) solicitation of collecting money from them by deceiving them; and (c) withdrawal of source of damage from the said account; and (d) withdrawal of source of damage from the said account; and (b) withdrawal of source of damage from the said organization.

On January 29, 2019, the Defendant received a communication from the personnel engaging in the phishing operations to “to lend a loan,” and even though being aware of the fact that the above persons were to commit the crime of phishing, the Defendant, despite being aware of the fact that the above persons were to commit the crime of phishing, sent the account No. B bank account (Account Number C) in the name of the Defendant to the above persons, and withdrawn the source of phishing damage deposited in the above account, and then sent to the person designated by the organization

On January 30, 2019, an employee of the Singishing Mediation Division made a false statement to the effect that he/she misrepresented the victim D by calls at a non-place and misrepresented the victim D to the effect that “the deposit of KRW 6 million is made in the B Bank account (Account Number C) in the name of B Bank Account (Account Number C) to provide a loan,” while withdrawing KRW 6 million deposited in the above account from the Defendant to the person designated by him/her, and ordered him/her to do so.

However, the above-mentioned person was not an employee of the E bank, and there was no intention or ability to provide a loan to the victim.

On January 30, 2019, the above person under whose name the victim was entitled to transfer KRW 6 million to B account under the name of the above defendant, and the defendant withdrawn KRW 6 million from the G Association H branch located in Bupyeong-gu Incheon, Incheon, as a check on January 30, 2019 and exchanged in cash at around 14:40, according to the direction of the employee of the above person under whose name the victim was named, and then, the above person under whose name the victim was waiting for the above B bank's wife.

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