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(영문) 서울북부지방법원 2020.04.23 2019고단5530
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 this judgment becomes final and conclusive.

Reasons

Criminal facts

Around August 15, 2019, the Defendant reported and contacted job offer advertisements, and proposed that “the sales proceeds of a motor vehicle are the sales proceeds, because there is any tax problem, and thus demands our employees to deliver the withdrawn money from the money transferred to the account under the name of the Defendant.” However, the Defendant consented to the above proposal even though he was aware that the Defendant was related to the Defendant’s act of tax evasion and intelligence team around May 15, 2019, when he was investigated by the Seoul Gangseo-gu Police Station investigation and intelligence team, and the Defendant’s act of withdrawing the amount of damage from telephone financial fraud (sophishing) deposited in the Defendant’s account.

On August 8, 2019, an employee under the name of the defendant was transferred from the victim to the above D Bank account (E) account in the name of the defendant on August 9, 2019, by falsely speaking that "a loan can be made to the account for designation by 3.3% if he/she redeems the victim with a new loan to the account for designation by 3.3% if he/she redeems it by 48,000,000 won."

After withdrawing KRW 13,90,000 from the said D Bank account under the name of the Defendant, according to the direction of the Defendant’s employee, the Defendant sent the remainder of KRW 13,780,000,000, excluding KRW 120,000,000 from “G” located near the exit No. 10, Gangnam-gu Seoul, Seoul, to the person who sent the Defendant’s name to the sender.

As a result, the Defendant provided the Defendant’s account to the Bosing Organization with an account opened in the name of the Defendant, thereby aiding and abetting the fraud of the Bosing Organization by facilitating the fraud of the Bosing Organization by receiving and conveying the money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on internal investigation (attached to investigation records A by the nominal holder of the DNA bank account), written opinions, and copies available for inspection of suspect interrogation records;

1. Details of deposits;

1. The defendant;

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