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(영문) 대전지방법원 서산지원 2020.06.10 2020고단281
사기방조
Text

A defendant shall be punished by imprisonment for six months.

However, 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 August 8, 2019, the Defendant was offered a proposal to the effect that, at the Defendant’s residential place near the Defendant’s dwelling place located in Seocho-si, Seocho-si, 2019, the Defendant would lend KRW 30 million from the Nonindicted Financial Fraud (one-day “Scam”) staff who misrepresented the D team leader of the C Bank from the Nonindicted Financial Fraud (one-day “Scam”). The Defendant was offered a loan to the Defendant to the effect that, if the details of transactions are accumulated by depositing the money of the lending company into the Defendant’s account and withdrawing it and re-transfer it to other

On February 26, 2015, the Defendant had been investigated into violation of the Electronic Financial Transactions Act as a date on which his e-mail card was used in order to obtain a loan, and received a disposition of suspension of indictment on May 26, 2015. The above proposal is not a normal loan process but a normal loan process because it is difficult for a loan to be made in a normal way due to the applicant’s application for individual rehabilitation. The Defendant, even though he was well aware that the series of the above processes were the typical method of the e-banking crime, issued the e-bank card connected with the e-bank account under the name of the Defendant to the scaming operator by accepting the proposal.

At around August 20, 2019, the name misscam assistance employee called the victim G by telephone to the effect that “low interest rate loans made by obtaining government subsidies are possible. First of all, a loan can be made under the name of a deposit. It is possible to deposit KRW 6 million in the name of a deposit.” The victim made a remittance of KRW 6 million to the E bank account (F) in the name of the defendant around the 21st of the same month.

On August 21, 2019, the Defendant, at the Defendant’s residence, transferred 4 million won out of 6 million won, which was remitted to the said E bank account under the name of the Defendant, to the I (J) designated by the said person who was entitled to receive the said name, by using phones in accordance with the direction of the personnel engaging in the phonesing operations.

In this respect, the defendant is not entitled to name.

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