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(영문) 광주지방법원 2020.08.27 2020고단981
사기방조등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On December 11, 2019, the Defendant: (a) received a proposal from a person who is engaged in the business of receiving money by telephone; (b) received cash transfer to a designated place; and (c) received money from the domestic bank to pay KRW 100,000 won per case in addition to the transportation cost; (d) the Defendant was aware that the person who was unable to receive money was trying to use the money illegally acquired through a financial fraud act, such as singing, etc., as a fee, even though he was aware that he was trying to use the money as a fee in order to handle the money illegally acquired by the criminal act, such as singing, etc., the Defendant was able to play a role in the liability for receiving money by

1. On December 13, 2019, the person who was unaware of the victim B’s name in fraudulent aiding and abetting the victim’s name was misrepresented to the victim by telephone from the French land, and “The interest rate can be extended if the existing loan is repaid, and the amount of 18.9 million won should be seen as the claim team.”

However, it is true that the name-oriented person was not an employee of the financial institution, and there was no intention or ability to provide the loan to the victim.

On December 16, 2019, at around 16:20, the Defendant moved to the D market near Jung-Eup, according to the direction of the person who was unable to receive the name (hereinafter “person who was unable to receive the name”) and deposited the amount of KRW 18.9 million in cash from the victim and deposited it into the account designated by the person who was unable to receive the name.

Accordingly, the Defendant aided and aided the criminal act of fraud by the personnel using name phishing assistance.

2. On December 15, 2019, the person who was unaware of the victim E’s name in fraudulent aiding and abetting the victim’s misrepresentation of the victim’s staff by telephone, and the victim made a false statement to the effect that “A low interest rate is possible if an existing loan is repaid, and the amount of the existing loan is KRW 10 million to be paid to the employee.”

However, it is true that the name-oriented person was not an employee of the financial institution, and there was no intention or ability to provide the loan to the victim.

The Defendant, on December 16, 2019, is a person who was killed in name on or around 18:20.

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