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(영문) 부산지방법원 2019.09.11 2019고단3165
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 of the final judgment.

Reasons

Punishment of the crime

Around November 12, 2018, the Defendant: (a) received a proposal stating, by telephone from a person who assumes a false title as the director of B Company C, that “The Defendant would have at least KRW 40 million in transactions with a bank account to receive a loan; (b) would have to obtain a loan by accumulating transaction records; (c) would be the employee who sent money to the bank in the name of our employee by withdrawing the money to be deposited into the account; (d) would have to obtain a loan by accumulating transaction records.”

In order to obtain a previous loan, the Defendant, while he was aware of the fact that the account in the name of the Defendant was used in the crime of Bophishing fraud and that the means of access, such as the account number or physical card, can be used in the crime of Bophishing, but he was aware of the fact that the account in the name of the Defendant was used in the crime of Bophishing fraud, notified the DNA bank account number in the name of the Defendant.

1. On November 12, 2018, the name omitted employees called the victim E by telephone, misrepresenting the director of the F Bank Credit Business Department G, and fraudulently acquired money from the victim by transfer of KRW 15 million to the D Bank account in the name of the Defendant on November 16, 2018.

On November 16, 2018, at least 10:30 on November 16, 2018, the Defendant received an order from the above person under the name of the said person in charge of financing to send funds in the name of his/her employee. On the same day, the Defendant presented the so-called “work loan” proposal at the D Bank Notes Branch located in Busan Northern-gu, Busan, and presented the so-called “work loan” proposal, and then released KRW 14 million deposited into the said account in cash.

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