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(영문) 서울북부지방법원 2020.04.24 2019고단5201
사기방조
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On June 3, 2019, the Defendant received a proposal from a person who has no name (one name: the name of Company C) to the effect that he would obtain a loan by accumulating transaction performance and raising credit rating, and then sent the transferred money to our employee again, and then notified the person who has not obtained the name of the Defendant of the bank account number (D) in the name of the Defendant.

However, on May 29, 2019, the Defendant was aware of the loan process in the past, and the Defendant was willing to obtain a work loan on the basis of the loan and transferred the e-bank card under the name of the Defendant to his name in order to obtain a work loan on May 29, 2019, and the account linked to the above e-mail card was suspended due to the suspension of payment on the e-mail. Therefore, such an act was sufficiently recognizable that it was a refund for the crime of Bosing, unlike the general loan procedure.

On June 11, 2019, the Defendant F made a false statement with the victim F, “The Cyber Investigation Team is the National Police Agency cyber investigation team, and there was any damage due to the opening of a large passbook in his/her own name, so that a criminal can be tracking the criminal. When transferring money to the account that designates the money, the employee sent money to the account that enables the arrest of the criminal by tracking the IP.”

However, in fact, the above person was not a police officer, and there was no fact that the passbook was made in the victim's name.

The above person under whose name the victim was accused of the victim by the above method, and thereby, he was wired to the above company bank account (D) account in the name of the defendant on the same day from the victim, and acquired the amount of KRW 10,000,000,000,000 from the victim, and the defendant around that time, informed his company bank account number to the officer under his name and urged him to withdraw the amount of damage amount to be transferred to the above company bank account at any time according to the direction of the officer

In this respect, the Defendant’s name phishing.

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