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(영문) 대전지방법원 2020.04.02 2020고정42

사기방조

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 14, 2019, the Defendant: (a) received a proposal from a name-free person who assumes a false name as a lending business operator; (b) made a loan by creating a transaction performance of the four accounts by withdrawing and delivering the money to the employees at the time of paying the money to the four head of the Tong; (c) made a delegation contract for debt repayment on May 14, 2019; and (d) entered B Account Number (C) in the name of the Defendant, and then delivered the name-free person.

However, the Defendant received a false statement from a name-free person that he received money from a person who received money from a person who received the money from a third party, relative, etc. at the counter, and that he received a false statement from an employee of the bank counter for the prevention of financial fraud that he received from an employee of the bank counter, so such an act may be recognized that it is a single exchange for a telephone financial fraud crime, not a general lending act.

On May 15, 2019, the person under whose name the person under whose name the loan was made may be reduced to 2.4% of the interest rate of 22 million won to the ordinary people loans that the Government supports in E, but if the person under whose credit rating was granted a loan from other financial rights with a mother and child and immediately repaid it, he/she may obtain a loan by getting out the amount of the loan according to the amount of the loan. The person under whose name the loan was paid from the victim around May 17, 2019 to the B account in the name of the defendant around May 17, 2019.

In addition, at around 11:04 on the same day, the Defendant withdrawn cash of KRW 22 million from G window located in Daejeon Seo-gu F and delivered it to the person who was waiting in the vicinity.

As a result, the Defendant, even though he was aware of the fact that the victims of the false name could be accused of committing the crime of telephone financial fraud by deceiving the victims, was aided by making it easy to commit the crime of telephone financial fraud by directly withdrawing the amount of damage as above and delivering

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of D Transfer Results Inquiry, B Financial Information Return Acts and subordinate statutes;

1. Criminal facts;