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(영문) 인천지방법원 2018.07.19 2018고단4672

사기방조

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal records] On January 21, 2011, the Defendant was sentenced to the suspension of indictment for a violation of the Electronic Financial Transactions Act at the Seoul Southern District Public Prosecutor's Office, and on February 13, 2015, the Defendant was sentenced to a fine of two million won for a violation of the Electronic Financial Transactions Act at the Incheon District Court's Vice-Support.

[2] On February 27, 2018, the Defendant: (a) received a proposal from a person without his/her name to “OK Savings Bank (OK Savings Bank)” by telephone; and (b) received a proposal from a person with no name to transfer money to another person because he/she should prepare transaction details and store transaction records; and (c) notified the person with no name to the name of the Defendant of the community credit bank account (B) in the name of the Defendant.

However, the Defendant had been aware of the loan process in the past due to the receipt of loans from several times, and the Defendant moved to the Young-gu Seoul, not Incheon, which is the Defendant’s residence, and ordered the Defendant to make a false statement as to the withdrawal on the pretext of the name of the Defendant, such as borrowing money from the outside company to the outside company in finding money at the bank counter, which is not the Defendant’s residence. Since the Defendant actually made a false statement and carried money, it was sufficiently recognizable that such act was a refund of the crime of Bosing, contrary to the general loan procedure.

On February 28, 2018, the name Buddhistist called the victim C by phoneing it to the victim C, and falsely concluding that “If he/she obtains a loan of KRW 9.7 million with a national card and immediately redeems it, he/she is possible to repay it at low interest rate by raising the transaction performance and lending it to the low interest rate,” and he/she received 9.7 million won from the victim to the above Saemaul Treasury account in the name of the defendant on the same day.

On the same day, the Defendant released KRW 9.6 million, which the victim transferred to the Saemaul Treasury account of the Defendant at the entrance of Yeongdeungpo-gu Seoul Metropolitan Government Yeongdeungpo-gu, and then delivered it to the name-free person who was waiting in the hospital located in the seat of the Saemaul Treasury.

Accordingly, the defendant deceivings the victim of his nameless injuries, etc.