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(영문) 수원지방법원 2017.04.14 2016고단5521
사기방조
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. On July 27, 2016, the summary of the charge is as follows: (a) a person who, by misrepresenting an investigative agency or lending institution to an unspecified number of people, commits a telephone financing fraud (one scaming) that receives the amount of damage by making a false deposit with an investigative agency or lending institution; and (b) a person who, on July 27, 2016, calls a victim D (56 e.g.) to make a loan at the interest rate of 3.5% per annum; and (c) a person who, making a false deposit with an investigative agency or lending institution, calls a victim D (56 e.g

In other words, at around 10:00 on July 28, 2016, the victim transferred KRW 30 million to the Saemaul Treasury account of Defendant E, and the victim E (31:30,000 on the same day) continued to call to the same effect and call to the victim E (41:3) on the same day. On July 28, 2016, the victim transferred KRW 10,000 to the account under the name of the above Defendant at around 16:00.

On July 28, 2016, the Defendant informed a nameless person of the Defendant’s account number, withdraws the amount of damage to the victim deposited in the said account and deliver it to the person in default of the said name. On July 28, 2016, the Defendant received deposit of KRW 30 million from the Saemaul Treasury (F) account in the name of A to the account in the name of the Saemaul Bank in the name of the Republic of Korea and received KRW 30 million in the name-free bank in the name of the Republic of Korea located in the Seosung-dong Eup of the Gyeonggi-do Seosung-si, Seosung-gu, Gyeonggi-do, to withdraw KRW 30 million from the employee of the bank in default of the name, and on the same day, to withdraw KRW 16:0 million from the said account at around 16:07 on the same day, the Defendant failed to withdraw KRW 10 million from the Defendant’s account in the name of the accident.

Accordingly, the name-dissured victim D or victim E by deceiving the victims to transfer the amount of damage to the above account of the defendant, and the defendant, while recognizing the fact that the above name-dissured victim et al. is committing the phishing crime, he withdrawn cash and delivered it to the name-dissured victim so as to facilitate the fraud of the name-dissured victim.

2. The judgment is based on the evidence duly adopted and examined by the court.

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