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(영문) 서울남부지방법원 2020.01.10 2019고단914
사기방조
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The crime organization of telephone financial fraud (hereinafter referred to as "singinging") consists of a group of organizations that operate a call center overseas, assumes the general telephone and mobile phone subscribers of the Republic of Korea to conduct inspections, the staff of the Financial Supervisory Service, employees of financial institutions, etc. through the Internet telephone, etc., who directly receive money from victims through the Internet call or transfer of money, and that is in the form of a group of organizations that plan and instruct crimes; a general book that assumes the prosecutor's office, financial institutions, etc.; a so-called counseling book that leads victims to a false call, and transfers the amount of money, such as the remittance of money by the victims, the delivery of the amount of money acquired, and the delivery of the amount of money received by the victims to the remittance book; and there is no mutual understanding between the victims such as the collection and withdrawal of cash directly.

On October 26, 2018, the Defendant issued a proposal to the effect that, “If he withdraws the money deposited in the current account from the general account (tentative name “B team leader”; hereinafter “B team leader”) to the account in which he instructs the payment of the money deposited in the current account, he would give KRW 2 million per case to the transfer of the money deposited in the current account.” At the same time, the Defendant provided a copy of the passbook in the name of the Defendant Cbank account (D).

At around 16:30 on October 29, 2018, an employee of a person who was killed in name or wounded was transferred KRW 8 million to a Cbank account in the name of the said Defendant at around 11:46 on October 30, 2018, to the effect that “if an existing loan is repaid through an account designated within the country, it is intended to lend a low interest rate substitute loan” by calls from the victim E and misrepresenting the employees of the financial institution.

The Defendant, upon the direction of the team leader, tried to withdraw the amount of damage transferred from the C Bank located in the Seoul Jung-gu Seoul Metropolitan Government F on the same day, but was reported by the victim.

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