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(영문) 서울북부지방법원 2020.01.17 2019고단2509
사기방조
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On August 2018, the Defendant against the victim B: (a) received a proposal and consented to the payment of KRW 200,000 per day when he withdraws the money deposited in the Defendant’s account from a person without a name (hereinafter “C”) who plans the crime of telephone financial fraud at the early and in an unspecified place; and (b) delivered it to the person designated by the above person without a name (hereinafter “the above person with a name”); and (c) notified the above person with a name of the bank account (E) under the name of the Defendant.

In order to withdraw and deliver the money deposited in one’s account, the Defendant was aware that the job giving KRW 200,000 per day is abnormal, and that the money deposited in the account under the Defendant’s name can be the source of damage caused by the Defendant’s fraud, such as the personal information of the person without a name and the source or character of the money.

On October 31, 2018, a member of the telephone financial fraud assistance team (one-name "F team leader G") may post a telephone call to the victim B, and misrepresent himself/herself to a financial institution's staff, and loan up to 35,000,000 won at the interest rate of 8.9%. Since there is a delay in the card payment, loans have to be made in advance for three months. It is necessary to deposit money to the known account. It is deposited to the known account.) On October 31, 2018, it is directed the victim to receive KRW 2,40,000 from the victim's bank account under the name of the defendant and to withdraw the above money. The defendant withdrawn from the remaining account with the victim's name excluding the above KRW 2,40,000,000,000 to the victim's account from the victim's name 2,400,0000,000 won from the above account under the name of the victim Kwikset Bank in Seoul.

On November 1, 2018, the above officer continued to post a telephone to the victim B, and then makes a false statement to the effect that “a loan is possible to obtain the approval of the reduction of the tax amount. If a person makes a prior payment of KRW 3,00,000,000, the loan will be made.” The above officer makes a false statement to the account known to him.

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