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(영문) 광주지방법원 2020.04.23 2019고단3953

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

On May 9, 2019, the Defendant: (a) received a proposal from the Singishing staff to the effect that “after making it possible to repay money to the Singish account through the deposit of money in the name of the political party, the Defendant would have subscribed to the guaranteed insurance and receive the loan.” (b) At the interest rate of KRW 25 million, the Defendant would be able to obtain a loan in the name of the political party at the interest rate of 8%; and (c) received the proposal to the effect that “on deposit of money in the name of the political party, to deliver the money as ordered to recover

However, on October 26, 2017, the Defendant was subject to the disposition of committing an electronic financial transaction act from the Gwangju District Prosecutors' Office to the offense of violating the Electronic Financial Transaction Act, from the Government Prosecutors' Office on December 8, 2017 to the offense of fraud, from the Seoul Central Prosecutors' Office on January 22, 2018 to the offense of aiding and abetting fraud, and from the Gwangju District Prosecutors' Office on July 30, 2018 to the offense of violating the Electronic Financial Transaction Act.

Therefore, the Defendant had already transferred the means of access so that the relevant means of access can be used in the crime of licensing, or had the borrower know the account number under his/her name to the singing staff who misrepresented him/her, and then withdrawn the money deposited in the relevant account and deliver it to the singing staff, the Defendant did not specifically confirm the lending company and its employees, despite being aware of the fact that the “work loan” method is related to the crime.

On May 14, 2019, the non-titled employee was transferred KRW 11,195,000 in total twice from the victim’s name Cbank account (Account Number:D) in the same day, to the effect that he misrepresented the staff of a financial institution and called “a lending may be made,” and “a transfer of money to a bank account known to him in order to raise credit.”

On the same day, the defendant continued to do so from the personnel of Bosing on the same day, 1.