beta
(영문) 대구지방법원 2020.08.13 2020고단2906

업무방해등

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

1. The singingishing staff in the name of the fraud aiding and abetting the loan applicant by misrepresenting the staff of the financial company, calling for the loan applicant to “low exchange loans, with which other financial institutions should repay the loan instead of other financial institutions,” and by deceiving the loan applicant to acquire the money by means of remitting the money from the loan applicants.

On October 2019, the Defendant received fees of KRW 100,000 per 10,000 from the Hashingman on his name and provided the Defendant’s account with the remittance of the said amount. On October 2019, the Defendant decided to withdraw the amount in cash when the amount of damage was transferred to the Defendant’s account and to play a role of cash withdrawal to deliver it to the Hashingman on his name.

On November 6, 2019, the name omitted person, who is the cause of the Singishing organization, called the victim B by telephone and misrepresenting the C Bank staff D, and made a false statement that “if the E Bank pays the borrowed money from the E Bank, it would be a refund loan from the C Bank to the 50 million won, and the notification would be a transfer of money to the account under the name of a certified judicial scrivener, a transfer of money to the F’s corporate bank account (G) and H Association account (I) in the name of the F and A (Defendant).”

However, the above-mentioned person was not an employee of the C Bank, and the account in the F name and the account in the name of the defendant was not an account in which the E Bank borrowed money from the E Bank. Even if the money was remitted from the victim through the above account, there was no intention or ability to lend the money to the victim.

On November 7, 2019, the person who was unaware of his name, by deceiving the victim, shall transfer 5.8 million won to the account in the name of F and 13 million won to the account in the name of the defendant, and ordered the defendant to withdraw 13 million won out of the above 13 million won.

In accordance with the above instructions given by the Defendant, the Defendant shall withdraw KRW 12 million from the K Association counter located in the Daegu-dong-guJ on the same day and the Daegu Dong-gu.