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(영문) 대구지방법원 2017.11.03 2017고단3922
사기방조
Text

The defendant shall be innocent.

Reasons

Punishment of the crime

On December 22, 2016, the Defendant: (a) received a proposal from a person in a name-free name to “a savings bank, which may have a loan available; (b) made the details of deposit and withdrawal; (c) deposited money; and (d) returned money to our employees; and (c) notified the name-free person of the name of the Defendant’s bank account (Account Number: C).

However, in the past, the Defendant had already been aware of the loan process in this relationship with several times, and at that time, the Defendant instructed the Defendant to make a false statement on the name of the withdrawal in the bank counter at the time of finding money at the bank counter. Since the Defendant was carrying out a false statement and money in accordance with the instructions of a person without the name, it could be sufficiently recognized that such act was a single exchange for the crime of licensing, contrary to the general loan procedure.

1. On December 23, 2016, a person who was unable to name the victim D to commit a crime, called the victim D and confirmed the fraudulent use of the name during the investigation of the financial fraud case, which led to cooperation in investigation.

In order to verify the criminal relationship with the money in the account, the money is remitted.

“Falsely speaking,” and that member acquired money from the injured party to the account of the Defendant’s name on the same day by remittance of KRW 10 million to the account of the Defendant.

On the same day, the Defendant released KRW 10 million, which the victim transferred to the Korean bank account of the Defendant at the location of the Gangdong-gu Seoul National Bank near the said place, and then delivered the withdrawal to the person who was waiting in front of the exit No. 10 in the 10th calendar calendar.

Accordingly, while recognizing the fact that the Defendant, by deceiving the victim by deceiving him, was committing the so-called phishing crime, the Defendant: (a) withdrawn the amount of damage; (b) delivered it to the victim; and (c) made it easier for the Defendant to commit the said phishing fraud.

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