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(영문) 서울남부지방법원 2019.02.14 2018고단5616
사기방조
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The criminal organization of Bophishing is an organization that commits a crime under the law by deceiving money to an investigation agency or a financial institution by misrepresenting a large number of unspecified persons in the course of operating a call center in a foreign country, including China. It is operated in the form of an organization by sharing its roles, such as “inducing” that solicits many unspecified victims by telephone, etc. for the purpose of committing the crime, “passbook solicitation” that solicits a large number of unspecified victims by means of telephone, etc., “passbook solicitation” that solicits a large number of unspecified victims to commit the crime, “passing” that withdraws and delivers cash deposited in a large passbook, and “transfer” that manages them, and “total liability” that plans and instructs the overall crime.

On May 2018, the Defendant received a proposal that “When he withdraws money transferred to a new account and designates it, he would give a low interest loan” from a person with no name account, the Defendant sent the account number (C) of B Bank under the name of the Defendant to the account designated by the person with no name account and deposited the money deposited to the account designated by the person with no name account.

On June 2017 and August 2017, the Defendant was aware that the act of providing an account and withdrawing cash could be involved in illegal acts such as singishing, etc., such as having a record of being investigated by the transfer of card (violation of Electronic Financial Transactions Act) around 2017.

On May 10, 2018, the incentive policy for the organization of the scam crime in name refers to the false statement to the effect that "a loan may be made up to 30 million won at the interest rate of 7.9%, and the F and G loans already used for the loan shall be repaid," which means that "a loan shall be made up to 30 million won by phone call to the victim D at an unsound place on May 10, 2018," and that "a loan shall be repaid to the existing bank account in the name of the defendant at around 13:10 on May 10, 2018, the victim shall be assisted by 3 million won at the B bank account (C) in the name of the defendant at around 17:21 on the same day by deceiving the victim to the same account at a total of 6 million won.

The defendant shall give instructions to the name of the handicapped.

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