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(영문) 서울동부지방법원 2017.04.14 2016고단4039
사기방조
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 30, 2016, the Defendant: (a) proposed that he/she would withdraw money transferred to an account under the name of the party and offer 4% of that amount as commission from a person in the name of the party; (b) on February 23, 2015, the Defendant was sentenced to suspension of indictment on the ground that “the violation of the Electronic Financial Transactions Act that transfers the account used for the crime of Bosing” at the prosecutor’s office in the Suwon District Court held on February 23, 2015; and (c) received a proposal that he/she would pay a high fee without any particular effort; (d) even though he/she fully recognizes that he/she committed a crime of Bosing, he/she was informed of one bank account number C in the name of the Defendant by telephone.

On August 31, 2016, at least 11:16 on August 31, 2016, the person whose name was influencies in Seoul Central District Prosecutor's Office, and then asked for cooperation as to whether the passbook was sold in large circulation, the name was stolen, and the name was used. In order to trace the account, it is necessary to deposit all money into a bank account in the name of one bank account in the name of A (Account Number: C) in the name of the Financial Supervisory Service. Accordingly, the victim was transferred KRW 9 million from the victim D to the above bank account in the name of the above defendant.

After that, the Defendant received the order from the person in whose name the Defendant was not the victim to “where he had deposited money in the account, then withdrawn it before it,” and then withdrawn KRW 9 million,00,000,000,000,000,000,000 won, which is 4% of the fees that the Defendant promised, from the person in whose name the Defendant was the victim’s account, at the same place in the Gwangjin-gu Seoul Special Metropolitan City, at around 12:56 of the same day, to the account in the name of the said Defendant.

Accordingly, even though the defendant was aware that he committed the phishing crime by a person who is not aware of his name, he could easily commit the crime.

2. On August 30, 2016, the Defendant aiding and abetting fraud by using a new bank account.

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