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(영문) 춘천지방법원 영월지원 2019.09.03 2019고단223

사기방조

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 2, 2019, the Defendant received text messages to the effect that “a loan is possible even if it is difficult to obtain a loan,” from a person who was named as “B director C” by phoneing the pertinent number on the first day of February 2019, the Defendant would be able to obtain a loan by raising the credit rating by raising the credit rating due to low credit rating, although the details of transactions were falsely made. If the Defendant’s account number is known, he/she would withdraw money to the said account and deliver it to the lender’s employees, and then, he/she notified the Defendant of the bank account (Account Number: E) in the name of the Defendant.

On the other hand, on February 15, 2019, the above person under whose name the victim misrepresented the victim F of the Bank by telephoneing the victim F at an unsound place and misrepresenting him/her to the effect that "it is possible to lend loans from 2 financial rights to 100 million won at low interest rate if he/she immediately redeems the loans from 2 financial rights." On February 22, 2019, he/she had the victim transfer KRW 29 million to the above D bank account in the name of the defendant at around 12:42, and he/she misrepresented the victim G by calls to the victim at an unsound place on February 17, 2019, and he/she misrepresented him/her to the H bank's staff at low interest if he/she redeems the existing loans to the account, and he/she wired the victim to the above D bank account in the name of the defendant at around 14:01 on February 22, 2019.

The Defendant did not accurately identify the information about the company or the person in charge of the lending, and explained that the lending was made with false transaction records, so it could sufficiently be recognized that it is not a normal loan, and when the Defendant withdraws cash from the above person in the counter of the bank, the Defendant would make a false statement that the bank staff would receive the business funds from the person who will receive the loan if it is used.