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(영문) 수원지방법원 안산지원 2019.10.31 2019고단2781
사기방조등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around March 5, 2019, the Defendant: (a) received a proposal that “a person who was aware of a mobile phone through the mobile phone from an unqualified name “B Company C director”; and (b) consented to the proposal that “a person who sent a physical card necessary for the withdrawal of principal and interest when repaying the loan; (c) would give a loan; and (d) would give a loan; and (e) around March 7, 2019, the Defendant sent a physical card connected to the account (E) opened in the name of the Defendant in the name of the Defendant at the Daegu-si Post Office located in Sung-si, Sung-si; and (e) thereafter, sent a copy of the physical card that was linked to the account (E) by using the phone number of the post office.

The Defendant did not ask the above person who was named in the name of the Defendant for why he was required to obtain a loan prior to sending the DNA bank card under the name of the Defendant, and did not have confirmed the existence of the lending company to which the “C director” belongs, and even before that, the Defendant transferred the e-mail card to obtain a loan from the person who was named in the name, and was suspended from indictment for violating the Electronic Financial Transactions Act at the Incheon District Public Prosecutor’s Office on October 20, 2017, and recognized that the money deposited in the account under the name of the Defendant can be the damage amount to the crime of Bosing fraud.

Nevertheless, on March 8, 2019, the Defendant made a false statement to the victim F without the intent or ability to make a loan by a member of the Bosing Organization in the name of the Defendant, and provided the above account in the name of the Defendant in order to obtain money from the victim through a bank account (E) in the name of the Defendant on the same day.

Accordingly, in order for the Defendant to assist the Defendant to commit the above fraud, the means of access, such as a DNA bank's physical card, in the name of the Defendant.

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