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(영문) 창원지방법원 진주지원 2020.04.28 2020고단174
사기방조
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Telecommunications financial fraud (one-time Bosing) is an organized crime consisting of various stages of organization, such as “total liability” that plans and instructs a total crime, “locks by deceiving and threatening a victim,” “locks by deceiving and threatening a victim,” “locks by soliciting and delivering cash cards, cash accounts, etc.”, “locks by withdrawing or directly receiving the money transferred by the victims from the cash payment date,” “locks by receiving cash from the withdrawal date,” “locks by delivering cash to domestic or foreign total books,” and “locks by delivering deposited criminal proceeds”.

On March 29, 2019, the Defendant received a proposal from the Defendant to the effect that “C” is “I will make a loan by supplementing the details of transactions because it is impossible to make a loan because it falls short of the current repayment ability standards,” from a false statement that assumes the “C” of B’s staff at a non-place,” and then notified the Defendant’s name (E) of the agreement.

On April 9, 2019, the above Bosing inducement book on name sending a text message to the effect that the victim F assumes “H” to the victim’s “H” at a non-place and “to lend a low interest rate for government-funded funds” to the victim who reported the text message. The date of approval for the loan if the victim in contact receives a loan from the lending company after obtaining the loan from the lending company and immediately redeems the loan to the compulsory account after making the loan to meet the credit rating of KRW 18 million.

“Along with the intention to commit the crime of Bophishing fraud, the above-mentioned inducement policy in fact was merely an intention to commit the crime of Bophishing fraud, and did not have the intent or ability to commit the act of lending to the victim. Nevertheless, the above-mentioned inducement policy in name was deceiving the victim as above, and was transferred KRW 15 million from the victim to the above D Association account around April 13:12, 2019. The Defendant thereafter received KRW 15 million from the bank account.

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