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(영문) 인천지방법원 2018.12.13 2018고단6834
사기방조
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 12, 2018, the Defendant: (a) received a proposal from a person without his/her name to “SC Savings Bank (SC Savings Bank)” by telephone; (b) received the proposal from a person without his/her name to “to transfer money which needs transaction performance; and (c) consented to the request from an employee to deliver money; and (c) notified the name-oriented person of the account in the name of the Defendant.

However, the Defendant had already been aware of the loan procedure due to the receipt of several times of loans, and received instructions from a person in the name name to the effect that, when finding money from a bank counter, he would have “if he withdraws money more than five million won, he would be present and would be able to respond well by the police officer,” he would make a false statement on the pretext of withdrawal, and in fact make a false statement to the effect that “the person who would have come to know that he would have come to get a funeral service, will withdraw money because the person would have come to go to go to go to go to go to go to go to a funeral,” and carried money in exchange for money, unlike the general loan procedure, it could be sufficiently recognized that such act was one of the crimes of Bosishing, unlike the general loan procedure.

The name-free person was called to the victim D from March 9, 2018 to December of the same month from March 12, 2018 and the head of the Tong in the name of the victim was used as the head of the Tong.

Along with talks, the bank made a false statement of “the remittance of money to the Agricultural Cooperative Account under the name of the FFF employee by cancelling the installment savings passbook,” and it received money from the damaged person to the said Nonghyup Bank Account under the name of the Defendant on March 12, 2018.

On March 12, 2018, the Defendant released KRW 20 million, which was transferred by the injured party to the account in the name of the Defendant’s name, at the Nonghyup-gu Incheon Nam-gu sand market entrance and Suwon-gu Bank, to the account in the name of the Defendant, and then delivered this to the bearer of the name in which the injured party was waiting in the middle of the sand four market.

Accordingly, the Defendant, by deceiving the victim, committed so-called phishing.

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