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(영문) 춘천지방법원 2021.01.14 2020고단1285
사기미수방조
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The name influor (the suspension of indictment on the same day) calls to many unspecified victims to misrepresent himself/herself to the staff of financial institutions and to lend money to them at low interest.

After having to make an application for a loan, he assumes the staff of the Financial Supervisory Service, and applied for a loan and violated the law without paying the existing loan so he planned to commit the crime of false name crime by taking money as repayment of the existing loan, and taking money into account. On July 20, 2020, the Defendant received a proposal from the above person without the name of the victim, stating that “The Defendant would pay 3% of the amount of money deposited in the passbook and transfer the money to the account without the passbook,” and received it, and tried to facilitate the crime of false name boxes by accepting it, and depositing the money granted by the victims into the account given by the above person without the name of the victim.

Accordingly, on July 22, 2020, in a place where it is impossible to know on July 22, 2020, the name-free person misrepresented the victim B as C bank staff by telephone and misrepresenting the victim B as “may grant a low interest rate substitute loan.” The victim misrepresented his employee of the Financial Supervisory Service when applying for the loan, and the victim misrepresented himself to the Financial Supervisory Service, and made a false statement that “the receipt of a new loan due to existing loans is a violation of the Financial Act, and the existing loan is immediately repaid,” and the victim continued to have been granted the existing loan on July 24, 2020.

D In misrepresenting the card staff, the term “the term “the term “the term 8.5 million won to be sent to the staff” was false.

However, even if the above person who is not the party has received the money from the injured party as the repayment for the existing loan, he did not have any intention or ability to repay the existing loan with the above money.

Nevertheless, the person who is not aware of his name, by deceiving the victim as above, shall be the person who caused the damage, and the person who caused the damage shall be the Gangwon-do Superintendent on July 24, 2020.

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