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(영문) 창원지방법원통영지원 2020.09.22 2020고단634

사기방조

Text

A defendant shall be punished by imprisonment for four 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 May 16, 2019, the Defendant received a proposal that “The Defendant would grant a loan by creating a parent-and-child transaction performance with a credit rating of 10 million won, where it is possible to lend money.” The Defendant received a proposal that “The transfer of money to a bank without passbook to an account to withdraw and notify the money to the new account in the name of the political party.”

In order to obtain a previous loan, the Defendant had been aware of the fact that the account in the name of the Defendant was used for the crime of Bophishing fraud and that the account was used for the crime of Bophishing fraud and thus, it could be used for the crime of Bophishing in the event of providing the accused with the means of access, such as the account number and the physical card, etc., the Defendant accepted the proposal of the victim, despite being aware that the money deposited into the Defendant’s account could be the damage amount of the crime of Bophishing fraud, and notified the serial number of the bank account in the name of the Defendant.

On the other hand, on May 16, 2019, an employee under the name of the Minister of Trade, Industry and Energy was transferred 7.8 million won from the victim to the above account in the name of the Defendant’s name on May 16, 2019, by telephone call to the victim F, and by means of “4.7% interest rate of up to 45 million won,” and “a loan shall be made by reducing the interest rate of up to 3.6% upon repayment of the existing loan.”

On May 16, 2019, when the Defendant waiting at a branch of a bank near the victim of the accident and deposited money, he/she received the order from the bank counter staff to reply to “no” and to recover money. On May 16, 2019, the Defendant received the order from the D Bank M&C branch located in Simpo-si, Changwon-si, Changwon-si, Changwon-si, Changwon-si to receive the money deposited by any person who is not aware of the fact that he/she had a transaction record in order to obtain the money from the Government-funded.

only one of the above items shall be applicable if applicable.