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(영문) 서울북부지방법원 2020.04.29 2019고단5754
사기방조
Text

A defendant shall be punished by imprisonment for six months.

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 July 10, 2019, the Defendant received the Defendant’s name bearers who received text messages for loan brokerage and received a proposal that “In order to obtain a stock security loan, it is necessary to accumulate transaction records, and then withdraw the company’s money deposited in the account under the Defendant’s name and transfer it to our employees, and notify the Defendant’s name bearers of lending up to 25 million won.” Since then, upon deposit of money to the said account, the Defendant received the direction that “the Defendant shall withdraw the money and deliver it to the employee.”

On March 9, 2011, the Defendant was charged with violating the Electronic Financial Transactions Act by issuing a e-mail card, etc. to a person under whose name the Defendant wanted to borrow a loan. However, on July 18, 2011, the Incheon District Prosecutors' Office had the record of suspending indictment, and it was known that the provision of account and cash withdrawal can be involved in the crime of Bosing fraud.

On July 12, 2019, the Defendant misrepresented the “F employee” by phone call to the victim E at a non-place on the victim’s name, and acquired KRW 20 million in total by deceiving the victim by deceiving him/her on July 12, 2019, by inducing the victim to transfer money to the G bank account (H) around 18:48 on July 12, 2019, because it is possible to repay an existing loan at a rate of KRW 70,000,000,000.

On July 16, 2019, the Defendant: (a) deposited KRW 14:41,00,000 at the location of the C Bank Nowho Lake-dong, Gangdong-gu, Seoul, I, at the location of the C Bank Nowho-dong, and attempted to deliver the deposited money to the bearers who sent the above B in the vicinity of the said bank; (b) however, C Bank employees asked the Defendant to contact the Defendant with telephone and cause any loss to the bank, and failed to deliver the said money.

This is the defendant.

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