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(영문) 서울서부지방법원 2020.09.23 2020고단1214

사기방조

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 August 26, 2019, the Defendant: (a) obtained a proposal from an employee of the Electronic Financial Fraud Group (one named “B agency”) from a member of the Electronic Financial Fraud Group (one named “B”) to create a transaction performance by depositing and withdrawing the money in the suspect’s name; and (b) obtained a high credit; (c) obtained a proposal that “to deposit the money in the name of the Defendant, if the account number is known, to deposit the money; and (d) gave consent to the request for delivery of the money to our employee; and (e) thereafter, notified the person who has not been given the name of the Defendant of the account number (D).

However, in fact, the Defendant knew that the lending method carried out by the winners of the above name in a situation where it is impossible to obtain financial right loans due to low credit rating, and, in the process of withdrawing the money deposited in the account under the Defendant’s name from the bank counter, he was aware that the above bearer was an employee of the Electronic Financial Fraud Group of the foregoing name, upon receiving an order from the above holders of the name insolvency to falsely prepare a false statement of financial fraud prevention professional statement and give false answers to the place where the money was used to be withdrawn. In fact, the Defendant sent a false statement to the bank staff who asked for the reasons why the money was falsely drawn up and the money was withdrawn from the check according to the order of the holders of the above name insolvency.

1. On August 22, 2019, the former Financial Fraud Group’s employees, such as the victim E, who received false statements from the victim E at an irregular place on the part of August 22, 2019, called “the person in charge of loans from the bank. It is possible to grant a loan up to a maximum of 23 million won at a low interest rate of 3%,” making the victim apply for a loan, and call the victim again to the victim and call the victim to “the head of the department in charge of loans from the bank. The receipt of a loan from the FF bank after the lapse of the existing loan period is a violation of the Financial Law, and thus, it is necessary to complete the payment of the principal borrowed from the G bank within 24 hours.”