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(영문) 인천지방법원 부천지원 2020.05.12 2020고단254

사기방조

Text

A defendant shall be punished by imprisonment for six months.

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

In addition to the non-offenders, the name-based person recruited to commit a telecommunications-based financial fraud (hereinafter referred to as "scam") and provided an account to receive money from the victim, and recruited the withdrawal measures that will play the role of withdrawing and conveying the money remitted to the said account.

On September 5, 2019, the Defendant: (a) heard from the person under whose name the Defendant misrepresented “B” company’s employee “B”; (b) informed the company of the fact that “I will provide various convenience and services to the well-known and VIPs; (c) I will withdraw money deposited in the account and then I will be punished at least KRW 3 million per month on the face of NA, to our employees; and (d) in response, I would like to inform the nameless person of the name of the Defendant’s account (E) and the F Bank account (G).

However, in fact, the Defendant did not confirm whether the above company actually exists or not, and was aware that the Defendant transferred funds, the source of which is unclear even if following the explanation of the person who was not named, and thus, was aware of the fact that the above instruction was abnormal.

On September 5, 2019, the name-free person misrepresented H lending adviser at an unsound place on September 10, 2019, and made a false statement to the victim I stating that “A loan will be made up to a maximum of KRW 50 million through the government-funded loan goods with low interest rate because the credit point is raised when a part of the existing loan is repaid.”

However, in fact, even though the victim was not H employee, and even though the victim did not have the intent or ability to provide the loan even if he/she has repaid the existing loan, he/she had the victim remit the amount of KRW 15 million to a bank account under the above defendant's name on September 5, 2019.

On September 5, 2019, a person who has been dissatisfyed may misrepresent himself/herself as a staff member of the J bank at an insatisfy site, and make a false statement to the victim K, stating, “When the existing L Bank loans are repaid, he/she will make a loan from J Bank to a maximum of twenty five million won per annum.”