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(영문) 인천지방법원 부천지원 2019.06.25 2019고단1125

사기미수방조

Text

A defendant shall be punished by imprisonment for four 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

On January 10, 2019, the defendant is the team leader of the BB bank trustee corporation C, a 3% interest rate of 50 million won if the defendant opened a passbook with a false business registration certificate and makes the transaction performance falsely.

“Along with the Defendant’s refusal of a loan from various loan companies on the ground that the amount of the loan was excessive, the Defendant proposed to make the loan at an excessive interest rate compared to the Defendant’s existing loan interest rate. In fact, the Defendant did not confirm the existence of the above loan companies, and it was doubtful that the said amount of the deposit was illegally acquired, such as receiving an order from the employees of the bank counter to the bank to fall under the purpose of the withdrawal amount, but it was accepted on January 16, 2019, and notified the Defendant of the number of the bank account in the name of the Defendant to the Defendant. On the other hand, on January 13:00, 2019, the Defendant misrepresented the head office of the D bank’s business division at a place nomenclature, and “on the credit card received from the victim F with the phone, the Defendant could not receive the loan from the Samsung bank account to the amount of the deposit borrowed to the amount of the deposit.”

The phrase “the phrase was false.”

However, in fact, the person who was not a member of the D Bank's business division, and even if the victim remitted the loan, he/she did not have the intention or ability to open the Maspbook.

Nevertheless, the Defendant, as above, provided that the Defendant, by deceiving the victim as above, received KRW 58 million from the victim to the D bank account under the name of the Defendant on the same day, and acquired it by fraud, and provided the above account under the name of the Defendant. The Defendant’s D bank account is from the Defendant’s Do bank account according to the direction of the staff member of the singishing on the same day