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(영문) 서울중앙지방법원 2016.11.23 2016고단4571
사기방조
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On June 28, 2016, the Defendant: (a) sent a letter from a person who was named in the name of the deceased (so-called “D division”); and (b) received another name-free box (E), then directly withdrawn the money deposited into the Defendant’s account on July 7, 2016; and (c) sent the money to the account designated by the said person who was named in the name-free box (E).

The defendant committed a telecommunications-based financial fraud (one-time phishing) while knowing the fact that the amount remitted by the victims was deposited in the defendant's account, but he provided the above account to the above persons without a name, and received the money by withdrawing the above money.

On July 4, 2016, a person in poor name (hereinafter referred to as the "person in poor name D") sent a text message to the victim G's cell phone stating "I Unsecurity 3% guidance for withdrawal of goods", and on May 2016, the person in poor name (hereinafter referred to as the "person in poor name") misrepresented himself/herself as the "person in charge of I Loans" and called the victim to the effect that "on the basis of the transfer of KRW 10 million to a designated account, he/she would raise credit rating and re-loan him/her as a low interest."

In fact, however, the above poor persons were not the employees of the financial institution, and they did not have the intent or ability to execute the loan with the credit rating of the victim obtained by using the above money.

On July 7, 2016, a person who was killed in the above name (hereinafter referred to as the "person killed in the name of theH team") had the victim transfer KRW 10 million to the defendant's above account.

On July 6, 2015, around 14:55, the Defendant was aware that the Defendant’s account would be used in committing the crime of “Singing” under the aforementioned Act at the Pyeongtaek-si Financial Center located at Pyeongtaek-si Central Office of Pyeongtaek-si. The Defendant received a re-issuance of the said account with knowledge that the said account would be used.

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