(영문) 대구지방법원 서부지원 2020.01.17 2019고단1846

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(영문) 대구지방법원 서부지원 2020.01.17 2019고단1846

사기방조

Text

A defendant shall be punished by imprisonment for one year.

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

On June 27, 2019, the Defendant was sentenced to imprisonment with prison labor for six months for an offense of violating the Electronic Financial Transactions Act, and the judgment on July 5, 2019 became final and conclusive on July 2019.

1. On December 24, 2018, the Defendant: (a) received a proposal from the Defendant’s cell phone singing staff to “to withdraw and deliver to the designated person the money deposited in the account in the Defendant’s name” from the Defendant’s cell phone sing staff; (b) consented to the proposal; and (c) notified the Defendant of the account number (Account Number (Account Number) of the C Association in the name of the Defendant.

The Defendant was several times of criminal records that received criminal investigations for the same kind of case in the past, and was aware that the method of withdrawing high-amount money in cash according to the above lending procedure and direction was abnormal, and that the method of delivering it to the persons with no name to the persons with no name was not confirmed. Therefore, it was recognized that the amount deposited into the Defendant’s account can be deemed as a source of damage to the Defendant’s crime of Bosphishing fraud.

Nevertheless, around December 27, 2018, the Defendant made a false statement to the effect that “to grant a low interest loan. to this end, to deposit money under the name of deposit and stamp,” by phoneing to the victim B without any intent or ability to make a loan, and then made it easier to commit the crime by conveying KRW 6 million from the victim’s account in the name of the Defendant at around 10:43 on the same day, by receiving and receiving KRW 6 million from the victim’s C association account in the name of the Defendant, and by using the said account in the name of the Defendant, around 10:56 on the same day.

2. The Defendant, with respect to the victim G, shall be as described in the foregoing paragraph 1. around December 24, 2018.

참조조문

-전자금융거래법

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