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(영문) 광주지방법원 2020.07.23 2020고단1360

사기방조

Text

A defendant shall be punished by imprisonment for one year.

However, 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

On December 2, 2019, the Defendant received a proposal that “the credit lending conditions are not set conditions. If a transaction performance is created, the Defendant would bring money deposited in the bank account in his own name as it is possible to grant a loan, and would bring money to the bank account.” While recognizing that the lending method and terms are not ordinary, and that the lending method and the lending conditions are not ordinary, and that the lending procedure was not normal, such as receiving money from the account under the name of the Defendant and allowing the withdrawal of money directly in cash, the Defendant informed the account number (C) in the name of the Defendant.

On December 2, 2019, the name-freeist statement made a phone call to the victim D and made a false statement to the effect that “A child-friendly loan guarantee is given to the bond, and the Gu has not repaid the money and has to return it to her.” The victim had the victim wired KRW 24.8 million to the above bank account in the name of the defendant around 12:24 on the same day.

At around 13:53 of the same day, the Defendant withdrawn 24.5 million won from the counter of the B Bank's dispatch stop point in Gwangju Mine-gu, according to the direction of the person who was unable to obtain his name, and then delivered it to the person who was unaware of his name from the G store located in Gwangju Mine-gu F.

At around 15:02 on the same day, the Defendant continued to deposit KRW 5.8 million from the victim H to the above bank account under the name of the Defendant, and upon the instruction of the person who was not entitled to the name, withdrawn the total sum of KRW 6 million from the cash withdrawal from the monthly cash withdrawal from the YY branch in Gwangju Mine-gu, the sum of KRW 1 million on six occasions, and then delivered it to the person who was not entitled to the name in the name on the K-top street in Gwangju Mine-gu.

Accordingly, the defendant made it easy to commit the crime of fraud against the victims of the person who was not killed in the name of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on account details, currency details and account details to B bank accounts;

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment

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