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(영문) 서울동부지방법원 2020.02.20 2019고단3547
사기방조
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 20, 2019, the Defendant received a proposal, “Around January 20, 2019, the Defendant provided a credit consultation with a person under whose name had been given a name, and a person holding a loan, for a loan of KRW 70 million by creating transaction performance and raising credit, and at the time of deposit with a party’s own account, withdrawn the deposit and deliver it to the employee who sent the payment within the country.”

Therefore, the Defendant was aware of a normal financial right loan at the time, but it was impossible to lend a loan in excess of the lending limit, and the account in his own name was already used for the crime of Bophishing and had experience in being punished for a fine. Accordingly, the Defendant accepted the proposal while recognizing that the above person was able to block the crime of Bophishing through the Defendant’s account, and notified the B bank account in his name.

Around 09:00 on January 22, 2019, when a text message was sent to the victim D to the effect that “the withdrawal of cultural merchandise coupons 9.60,000 won” was sent to the Defendant’s name and the Defendant’s account number was sent, and then the phone call was falsely sent to the victim, and “the head of a passbook, card, and mobile phone was created and the damage exceeding KRW 100,000 was incurred.” The Financial Supervisory Service took measures to accept assets to the Financial Supervisory Service to transfer money to the account designated to protect the assets.” At around 10:29 on January 23, 2019, the victim transferred KRW 42 million to the said B bank account under the Defendant’s name.

The defendant, at around 11:08 on the same day, makes a false statement that he withdraws from the company's management funds to the employees of the bank at the Songpa-gu Seoul E branch of the Bank, and in order to obtain a low interest rate and government-funded loan as presented by the bank employees, he/she has received a call to request withdrawal/transfer of money deposited by a person who is not aware of the fact that he/she has a transaction record in order to obtain a loan from the bank employees

no longer known money or passbook.

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