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(영문) 수원지방법원 안양지원 2019.08.14 2019고단674
사기방조
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 19, 2018, the Defendant was aware of the loan around November 19, 2018, and then, from B Company C, “I would have extended the loan to those who have no access to the loan. I would like to raise the current assets. I would like to inform the account number.” The Defendant was contacted and notified the account number (E) of the bank in the name of the Defendant.

On November 21, 2018, at least 09:35, the name-freeist sent text messages to the Victim F, stating "low interest rate government support goods of the G Bank", and the person who misrepresented the H of the G Bank by proxy, made a false statement to the effect that "a loan can be made up to KRW 62 million to the victim. It is possible to transfer a loan of KRW 11 million under the name of the prior repayment out of the existing I Bank debt amounting to KRW 26 million to the D Bank A account."

However, the above in fact was not only the H of the G bank, but also the part of the so-called Bospishing organization, which makes it impossible for the victim to borrow a loan as well as the part of the so-called Bospishing organization.

The person under whose name was omitted received KRW 11 million from the victim to the D bank account under the name of the defendant, and the defendant knew that the amount was the damage of Bosing, and then returned the money to the K bank account under the name of the son in his own account with the knowledge that it was the damage of Bosing. Among them, 6 million won was withdrawn, and 4.9 million won out of the remaining 5 million won was remitted to the L M bank account under the name of the son and the N bank account under the name of the son in order, and then withdrawn the above KRW 4.9 million and kept the total amount of KRW 10.9 million.

At around 23:00 on November 22, 2019, the Defendant: (a) misrepresented the victim who was sent from Bosing organizations in Gyeonggi-si P and Q, the Defendant’s residence; (b) the said KRW 10.9 million and the Defendant’s money amount of KRW 11,00,000,000.

As a result, the defendant transferred the amount of the damage from the singishing to another place, and delivered the amount of the damage to the singishing operation staff, thereby aiding and abetting the use of the money by the singishing operator in acquiring money from the victim.

Summary of Evidence

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