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(영문) 수원지방법원 안산지원 2020.05.28 2020고단901
사기방조등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 23, 2019, the Defendant: (a) heard the statement that “A party is unable to lend money due to lack of transaction performance; (b) withdrawal of money to pay money to increase transaction performance; and (c) 5 million won of the loan will be carried out by us; (d) the Defendant was willing to withdraw and deliver the money deposited in the Defendant’s account in accordance with the instructions of the person without the name, despite recognizing the fact that the said person with the name, knew that he/she would use the Defendant’s account to deal with illegal money acquired, such as telecommunications-based financial fraud (so-called “mail-based financial fraud”); and (c) attempted to withdraw and deliver the money deposited in the Defendant’s account in accordance with the instructions of the person with the name, who received the said statement.”

On July 29, 2019, the employee in charge of telecommunications-based financial fraud in name speaks that “In order to obtain a microcredit loan from the B bank, the employee in charge of telecommunications-based financial fraud will transfer the amount of KRW 10 million to the E Association account in the name of A (F) by misrepresenting B bank C’s proxy, and communicating Do with the victim D,” and in order to obtain a microcredit loan from the B bank, the employee in charge of telecommunications-based financial fraud in name transferred the amount of KRW 10 million to the E Association account in the name of the defendant.”

The Defendant, at around 14:21 on July 29, 2019, withdrawn in cash the amount of KRW 10 million at the branch of the IF located in Sil-si, Silung-si in order to assist the commission of telecommunications-based financial fraud in committing the above fraud, and, at the time of Sil-si, sent the said cash to women whose name cannot be known in front of the post office located in Sil-si, Sil-si, Sil-si, Sil-si.

Accordingly, the Defendant, by facilitating the fraud of an employee who is engaged in telecommunications-based financial fraud in name, assisted it.

2. A person who has not made a false statement in name shall operate a call center office in a foreign country, including China and the Philippines, and shall call to an unspecified number of unspecified persons, and misrepresent himself/herself to a public institution such as the prosecution, the police, or a financial institution, and shall acquire money under various names after deceiving victims.

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