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(영문) 광주지방법원 2019.11.22 2019고단2962

사기방조

Text

A defendant shall be punished by imprisonment for one year.

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 December 3, 2018, the Defendant was proposed as follows: “Around December 3, 2018, the Defendant was unable to obtain a loan from a financial right due to low credit rating. To obtain a loan from a second financial right, the Defendant must have a record of deposit and withdrawal. On deposit of money, the Defendant would withdraw money and deliver it to our employees.”

As the Defendant had already been punished for a violation of the Electronic Financial Transactions Act, the Defendant was well aware of the telephone financial fraud (hereinafter referred to as “Singing”) and was given a loan when making the transaction performance in a situation where it is impossible to grant a normal loan.

Since the contents of the business instruction, such as withdrawing cash from a bank with a false name or delivering it, cannot be deemed as a normal financial business, it is difficult to view the contents of the business instruction to use the Defendant’s account in order to deal with illegal money such as singing, singing, etc., but he was aware of the fact that the Defendant was trying to use the Defendant’s account.

On December 4, 2018, an employee under the name of the Minister of Trade, Industry and Energy was transferred KRW 9,800,000 from the victim to the D Association account in the name of the Defendant on December 4, 2018 on the following grounds: (a) false statement was made to the effect that “a loan may be made if it is made; (b) KRW 9,80,000 is required due to the cost of issuing guarantee insurance, etc.; and (c) the victim was transferred from the victim to the D Association account in the name of the Defendant on December 4, 2018.

The Defendant, on December 4, 2018, withdrawn KRW 6,800,000 from the regular branch of Hassociation located in Seo-gu, Gwangju to assist the Defendant in committing fraud as above, and withdrawn KRW 3,00,000 from the place to the close branch of Hassociation located in the same Gu, and around that time.