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(영문) 대전지방법원천안지원 2020.08.19 2020고단802
사기방조
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who is the general responsibility of the telecommunications-based financial fraud (hereinafter referred to as "scam") organization shall organize various stages, such as deceptions, management measures, and cash withdrawal measures. An employee who is subject to the deception leads many and unspecified persons to make a loan at a low interest rate by misrepresenting himself/herself to the staff of a financial institution by deceiving himself/herself without permission, thereby allowing people belonging thereto to deposit money into the account in the name of cash withdrawal books. An employee who is subject to the management measures is committing a crime in series by soliciting cash withdrawals and receiving cash withdrawals into the account in the name of the cash withdrawal books by making him/her enter the place designated by him/her or remitting it to another account.

On November 4, 2019, the Defendant heard a warning that “B is a business entity called “B,” and that “a person who collects an amount deposited in his account from the account and seeks money from the account known by us,” and accordingly, notified the account number (D) in the name of the Defendant to the account holder.

On the other hand, around January 2019, the Defendant knew that the account may be used for the crime of Bosing fraud, on the following grounds: (a) the Defendant, who misrepresented a lender with a means of access, such as Defendant’s physical card, was placed in a false name; (b) was investigated by an investigative agency on the ground that the account was used for the crime of Bosing fraud; and (c) was subject to a disposition on November 27, 2019 that the Defendant’s account number or physical card was suspected of suspicion; and (d) the account may be used for the crime of Bosing fraud.

On November 5, 2019, an employee under the name of the Minister of Trade, Industry and Energy refers to a false statement stating that he/she would substitute a loan at a low interest rate when he/she assumes an employee of a financial institution by telephone from the victim E at the French site, and he/she has the victim deposit the amount of KRW 7850,000 with the above account in the name of the defendant at around 10:35 on the same day, and the defendant deposit the amount of KRW 785,000 at that time.

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