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(영문) 서울북부지방법원 2019.05.30 2019고단799
사기방조
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

As a member of the telephone financial fraud organization (hereinafter referred to as "scaming") that takes money more than repayment in a manner of raising credit rating by misrepresenting an unspecified number of victims of financial institutions, such as C, by misrepresenting himself/herself, (the same day as "B") is an employee of the telephone financial fraud organization that takes money by fraud (hereinafter referred to as "scaming"), the victim is a person who manages and instructs the crime by soliciting "defluence" and "cash collection and delivery" that receives money from the victim by fraud.

On August 2018, the Defendant, while recognizing that it would facilitate the fraud crime in accordance with the instructions from the name-free person who misrepresented B, performed the role of collecting and delivering cash that collects the amount of damage received from the victim.

On August 27, 2018, on the one hand, the person under whose name was the victim D, who was in the Song-dong of Daejeon Daejeon, called the phone phone, and read the false statement to the effect that the victim D, who was in the Song-gu of Daejeon, would be able to provide loans up to KRW 40 million when raising credit by repaying the existing loans.”

However, there was no intention or ability to provide loans to the victim because he was not a C employee.

Nevertheless, on August 27, 2018, at the first place of the G Union located in Daejeon-gu, Daejeon-gu, Daejeon, it had the victim transfer KRW 6 million to the H Bank account (I) in the name of the defendant, and around 15:37 on the same day, it had the victim transfer KRW 2,200,000 to the same account.

The Defendant, at around 16:33 of the same day, deposited into the Hbank account in the name of the Defendant at around 16:20,000 won, out of the above amount of KRW 8.2 million, shall be withdrawn in cash at the Tbank branch in Dobong-gu Seoul, Seoul, and the remainder of KRW 2.2 million shall be transferred to another K Bank account in the name of the Defendant.

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