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(영문) 서울동부지방법원 2018.09.13 2018고단2233
사기방조
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

The Bosishing organization, which is managed by the General Measures for Name Disscam, will misrepresent the employees of financial institutions to many unspecified victims and provide them with a low interest.

It is an organization that commits fraud by deceiving money.

On June 14, 2018, the nameless phishing employee calls to the victim B without the intention or ability to provide the loan. The fact is a director of C's D and will provide the loan at a low interest rate.

The remittance shall be made to the account designated as 6 million won for the purpose of the repayment of existing loans.

“Along on June 14, 2018, the CF bank account (Account Number:G) in the name of E on June 14, 2018 and the CF bank account (Account Number:J) in the name of H on June 15, 2018.

Around June 14, 2018, the Defendant: (a) released KRW 3 million from a F bank near the digital station; (b) remitted money to a bank account designated by the Bosing Organization; (c) withdrawn KRW 3 million from a F bank to a U.S. branch around June 15, 2018; and (d) remitted money to a bank account designated by the Bosing Organization.

Accordingly, the Defendant, by facilitating the deceiving of the victims, made it easy for the victims to receive 6 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Account transactions;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 347 (1) and Article 32 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 347 (1) and 32 (1) of the Criminal Act (elective of imprisonment);

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: The crime of this case is highly harmful to society; the crime of this case is inferior to its nature as a serious crime; circumstances favorable to the failure to recover damage: the defendant reflects and repents his own crime; the amount of damage is not relatively large; the defendant's age, sexual conduct, motive, means and consequence of the crime;

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