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(영문) 수원지방법원 2020.09.23 2020고단1697
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

Punishment of the crime

The financial fraud organization of telephone communications (one-time "Scaming") is acquiring money from victims by means of telephone, etc. with a system consisting of inducements to transfer money by deceiving victims, a total withdrawals that instruct withdrawal of transferred money, and a withdrawals that withdraw money from the cash payment machine of a financial institution according to its instructions.

On October 18, 2019, the Defendant received instructions from a person who was unable to receive a name (the “B team leader”) from time to time through a telegram, and served as a means to withdraw money received from the victim and make it possible for the said person to receive the money without a passbook, thereby aiding and abetting the Defendant to commit the crime of fraud of the person without a name.

1. On October 23, 2019, around 14:30 on October 23, 2019, an employee of the telephone financial fraud assistance in the name of the crime made a false statement to the victim C by leaving a phone at an unspecified place, and by misrepresenting himself/herself to the employees of the Financial Supervisory Service, it is difficult to continue to maintain a loan due to unstable credit because the loan of other financial institutions out of the loan of KRW 165 million is terminated and the civil petition is entered at the Financial Supervisory Service. It is difficult to keep the loan due to unstable credit. The amount of the loan must be repaid in full, or the deposit shall be paid in the Financial Supervisory Service and the record of the violation of the contract shall be deleted.”

On October 23, 2019, the Defendant received a cash transfer of the victim KRW 30,00,000 from the E-road located in Seocheon-si D on October 23, 2019, and then remitted the remaining KRW 29,555,00 to the corporate bank account in the name of the limited liability company, excluding KRW 4,550,00,000,000 as one’s fee.

In this respect, the Defendant aided and aided the act of fraud by facilitating the viewing of an employee of the singishing operation.

2. On October 24, 2019, at around 15:00, a telephone financial fraud assistance employee in the name of the crime was called a telephone call to the victim H at an irregular place on October 25, 2019, and was called an “existing JJ loan instead of the existing IJ loan.”

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