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(영문) 창원지방법원 2020.12.09 2020고단1104

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 of the final judgment.

Reasons

Punishment of the crime

The singishing officers, such as the name-free box (Suspension of Prosecutions on the same day), had deceiving many unspecified people to borrow loans at a rate lower than that of the existing loans by putting a telephone to an unspecified number of people, and in this context, they have received cash from many unspecified people in the name of repayment of the existing loans.

On the other hand, at around 16:00 on October 18, 2019, the Defendant received a proposal that “low interest rate loans may be available, but credit reputations may not be lowered.” On the other hand, the Defendant sent money to a foreign company to the Defendant’s account in the name of the Defendant, and notified the name-dissured person of the Defendant’s B account in the name of the Defendant.”

However, in fact, although the Defendant informed another person under the name of another account for the purpose of receiving loans two months prior to the loan, the fact that the account transaction was suspended on the wind for which the said account was used in the Bophishing crime, and that the method of lending by the person under the name of the principal account was well known that the method of lending, which was carried out by the person under the name of the principal account, was used in the crime such as Bophishing, was sufficiently doubtful.

Accordingly, on October 22, 2019, the name-unsured person was transferred KRW 15 million to the Defendant’s name B bank account in the name of the victim as of October 10, 2019, and by means of the above method, he was sent KRW 15 million to the victim G account in the name of the Defendant for the repayment of the existing loan on the same day, on the ground that he was called “the victim D by telephone, who is not an employee of the actual lending company, and does not have an intent or ability to make the loan, and is in the absence of an intent or ability to make the loan.”

It is now possible to borrow a low interest rate loan.