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(영문) 대구지방법원 포항지원 2020.04.09 2020고단29
사기방조등
Text

The punishment of the accused shall be set forth in six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 9, 2019, an employee of telecommunications-based financial fraud assistance in the name of fraud assumes false name “B bank LAD personnel” and calls to the victim D to open a Masp passbook at a low interest rate of 2.4% per annum if an existing loan is repaid even during the period of the loan. The Defendant is a bank recovery team in the name of the Defendant.” On August 20, 2019, the employee was transferred from the victim KRW 30 million to the E bank account in the name of the Defendant on August 20, 2019.

On August 18, 2019, the Defendant listened to the phrase “to make a loan by opening in the account and drawing up the transaction performance. to withdraw money deposited in the account.” The Defendant consented to the withdrawal and delivery of money deposited in the account under the name of the Defendant with the intent to use the Defendant’s account in order to deal with illegal money, such as telecommunications-based financial fraud (so-called “scaming”), even though the said person was aware of the fact that he/she intended to use the Defendant’s account in accordance with the order of the said person under his/her name, and notified the account number of the bank account in the name of the Defendant using the Defendant’s account in order to withdraw and deliver the money deposited in the account under the name of the Defendant, according to the order of the said person under his/her name.

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

2. No one who violates the Act on Real Name Financial Transactions and Confidentiality shall engage in financial transactions under the real name of another person for the purpose of concealing illegal property, money laundering, financing of terrorism, evasion of compulsory execution, and other evasion of law.

Nevertheless, the defendant, at the time and place specified in paragraph (1), shall provide the E-bank account under the name of the defendant to the person who has failed to receive the name, in response to the proposal of the person who has failed to receive the name, as described in paragraph (1).

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