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(영문) 수원지방법원 안산지원 2019.10.11 2019고단2791
사기방조
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 2018, the Defendant issued a proposal to the effect that, in order to obtain a loan, the Defendant would offer a loan by telephone from a person who assumes a false name called “B employee.” In order to obtain a loan, he/she should have a good credit by accumulating transaction performance. As can be seen, the Defendant purchased merchandise coupons to deposit money in the current account with the money, and then sent merchandise coupon PIN number to C by photographing the merchandise coupon PIN number.

On March 2018, the Defendant was aware that, in order to obtain a loan, the account number and physical card connected to the bank account under the name of the Defendant was used for the crime of Bophishing, and that the account was used for the crime of Bophishing, the Defendant was aware of the fact that the Defendant was using the means of access, such as the other party’s account number or physical card, and then, it was used as a " Bophishing account" to receive Bophishing fraud by using the other party’s account number or physical card. The Defendant accepted the proposal of the person under his name, despite being aware of the fact that, in the event that the Defendant had known that the account number was without permission, so that the account number could be used for the deposited purpose, or that the Defendant could withdraw and deliver money the source of which is unclear, which was deposited in the Defendant’s account, to the other party, the Defendant would help the criminal act of Bophishing.

1. On February 11, 2019, the person who was unaware of the victim’s name and false statement about the victim E, who misrepresents the victim E with a telephone call to the victim E and falsely assumes the loan at low interest. However, to obtain a loan due to a low credit rating of the party, the person who was unaware of the victim’s name and borrowed the account number (F) of the bank under the name of the defendant and received KRW 2.7 million from the victim around February 14, 2019.

In addition, the defendant purchased merchandise coupons with contact that money was deposited in the above D Bank account from the above D Bank account on February 14, 2019, and merchandise coupons.

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