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(영문) 창원지방법원 통영지원 2020.05.20 2019고단1522

사기방조

Text

A defendant shall be punished by imprisonment for six months.

except that 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 August 13, 2019, when a person under whose name the person under whose name the person under consideration assumes the staff of a financial institution, namely, telephone financial fraud, namely, the so-called Bosing Organization, in order to receive money from the Defendant in cash after receiving the money from the victim’s account in the name of the Defendant, he assumes the employees of B Bank from the Defendant and calls the victim C for the payment of the money. On or after August 13, 2019, “The credit rating is high if it is performed to receive cash services by credit card, and if it is returned to the B Bank Legal Account after receiving the cash services, it shall be directly repaid, and the credit rating shall be improved and the amount of KRW 75 million shall be loaned at a low interest rate of 3.9% per annum from the victim.” On or around 14:27 of the same month, the person under consideration received KRW 3,80,000 in the name of the Defendant from the victim at around 14:27 of the same month.

Around March 12, 2019, the Defendant was subject to a disposition of non-prosecution of indictment suspension due to a violation of the Electronic Financial Transactions Act at the Changwon District Prosecutors' Office’ Office, and was fully aware of the fact that he/she intends to make loans by pretending credit rating as if he/she had a transaction record. However, around August 2019, the Defendant was aware of the fact that he/she had repeatedly fulfilled his/her membership in the investigation process of the instant case, and even though he/she was aware of the fact that he/she, around August 12, 2019, he/she was given the so-called working loan that enables the lending of loans by pretending credit as if he/she had a transaction record repeatedly, and notified the account holder of his/her name to withdraw and instruct the money transferred to the said account and notify the account holder of the account number in the name of the above Defendant, and then withdrawn 5,500,000 won from G bank receipt points in F around the same month to the above Defendant’s account.