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(영문) 서울중앙지방법원 2018.05.03 2018고단661
사기방조
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 8, 2017, the Defendant accepted the proposal that “When you want to give a loan to a party, they must have a transaction performance if you want to do so, and if you find money deposited in the account under the name of the party and deliver it to the person who instructs the party to do so, the Defendant would make a loan to 10 to 16% per annum, and to 40 million won per annum.”

Since then, on August 16, 2017, at a closed place on August 15:18, 2017, the victim C’s cell phone calls and misrepresents the inspection of the Seoul Central District Public Prosecutor’s Office, and “D at all times”;

D makes a false statement that “The Party shall transfer 10 million won to a virtual account, which shall identify whether it is related to the instant case,” and that is, it shall have the victim wired 10 million won to one bank account in the name of the Defendant (Account Number E) around 15:21 on the same day.

At around 16:08 of the same day, the Defendant withdrawn KRW 9,331,219 out of the money deposited in the account under the name of the Defendant at the point where the distribution was made by the new distribution of Seocho-gu Seoul, Seocho-gu, Seoul, with the instruction of the person who was not killed in the name.

Accordingly, the Defendant: (a) made it easy for the Defendant to acquire the amount of damage by deceiving the victim by a member of the phishing organization; and (b) withdrawing the money from the victim to the account in the name of the Defendant to deliver it to the phishing employee; and (c) aided and abetted the Defendant to commit the crime of fraud by the phishing employee.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. A report on investigation (a report on confirmation of the past record of the same kind of crime);

1. The following circumstances, which are acknowledged based on evidence duly adopted and investigated by this Court, the telephone number used for committing the crime, the details of each financial transaction, and the A-out data (i.e., the Defendant transferred a physical card to a person with no name-based reputation on July 2016.

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