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(영문) 인천지방법원 부천지원 2019.05.02 2019고단9

사기방조

Text

A defendant shall be punished by imprisonment for six 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 September 10, 2018, the Defendant: (a) received a proposal from a nameless box (one name “B”) who assumes the staff of a lending company from the first police officer, “AC union may set up a passbook and make a transaction performance; (b) in our company, it will deposit money in the name of the Defendant with the account in the name of the Defendant and create a false transaction performance; (c) shall withdraw the deposited money and deliver it to the employees of our company in cash; and (d) subsequently, on September 10, 2018, the Defendant opened the CF account in the name of the Defendant at the D Association.

However, in the past, the Defendant had been well aware of the loan process due to the previous experience of receiving the loan, and was asked from the banking staff at the time of withdrawing cash, and was instructed by the bank staff to make a false statement in preparation for questioning the Defendant about the deposit circumstance, etc. from the said one name “B,” and thus, it could be sufficiently aware that such an act was a kind of singishing crime, unlike the general loan procedure.

On September 7, 2018, the name-freeist person assumes the victim F by phone call to the victim F, and assumes a loan up to 40 million won at the interest rate of 2.8% per annum at an ordinary point of credit rating. It is possible to obtain a loan from another bank and immediately repay it. It is possible to use a loan from an ordinary point of view if he/she immediately repays it. It is possible to use the loan from the other bank. The loan from the victim to the account notified by the name-freeist person after getting the victim to receive the loan from the I bank, and then then transfers the money to the account notified by the name-freeist person, it is false as if the loan is repaid, and it was received from the victim on September 13:13, 2018.

After that, the Defendant, around 13:48 on the same day, withdrawn the money that the victim remitted to the CF account under the name of the Defendant from the Seoul JJ to the CF account under the said name, and was waiting in a nearby position.