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(영문) 서울중앙지방법원 2020.08.27 2020고단3581

사기방조

Text

A defendant shall be punished by imprisonment for not more than ten 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 July 2017, the Defendant received a request from the high school-friendly job-friendly B, “C Purchase Team leader's happiness,” and had the Defendant feel to be able to do as if the Defendant was the C Purchase Team leader.

B In a place where it is difficult to know from July 2017, in fact, at the time of the operation of the Company D, the net profits from the operation of the Company D, which was operated by the Company D, are rarely not left, and the Company’s operating expenses were insufficient. Since the Company’s operating expenses were already insufficient because there was a situation in which other investors, including E, repaid the invested money, and thus, even if receiving the investment money from the victim F as a deferred income, it was planned to use it as the company’s operating fund or repay it by the so-called return method, and there was no intention or ability to repay the principal and 5-15%

Nevertheless, B may import tobacco at a very low price via “G,” which is an importing company, via “G.” This tobacco is supplied to the “C” exported to China in the form of originals or processed products. If it is supplied to China in the form of originals or processed products, then there remains a 6-20% margin. In the event of investing money, after one month the principal and 5-15% profit shall be returned as equal to the principal and 5-15% profit.” On July 10, 2017, the victim who belongs thereto received KRW 40 million from the victim around July 10, 2017, from that time to January 14, 2018, and received KRW 4,124,69,99,91 as indicated in the attached list of crimes, and the Defendant aided and abetted it over the following four occasions.

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1. As above, the Defendant knowingly knows that B will take the Defendant’s telephone recording from the Defendant to the victim and use it to commit the fraud. On July 5, 2017, the Defendant would supply B with telephone call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call call caller