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(영문) 인천지방법원 부천지원 2020.02.19 2019고단4048
사기방조
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In addition to the non-indicted 1, the non-indicted 1 recruited to commit a telecommunications-based financial fraud (hereinafter referred to as the "defiling"), and provided an account to receive money from the victim, and recruited the withdrawals that will play the role of withdrawing and conveying the money remitted to the said account.

On June 1, 2019, the Defendant: (a) heard from a nameless box 1, who misrepresented the B card C manager, that “it is possible to extend a loan to KRW 10 million by improving credit rating; (b) if the transaction performance is created, the Defendant withdraws the money deposited in the account of the principal as possible, and is exempted from the payment to our employees; and (c) notified the nameless box 1 of the Defendant’s name in response thereto.”

However, in fact, the Defendant had experience in receiving loans from financial institutions in the past, and the Defendant was aware that the above lending was abnormal because he had talked that the lending was illegal from a nameless person 1.

On June 7, 2019, in the name-free winner 1, 2019, he misrepresented the FF association G representative at an indeterminated place, and made a substitute loan up to 24 million won at an annual interest rate of 3.8%. However, the victim H made a false statement stating, “The existing loan may be repaid at a high interest rate of 15:00,000 won.”

However, even though the victim did not have the intent or ability to provide the loan even if he/she has paid the existing loan, the victim was not an agent of the FF association G, and even if he/she did not have the intent or ability to do so, on June 12, 2019, he/she had the victim wired 28 million won to the bank account in the name of the above defendant.

On June 12, 2019, the Defendant received an instruction from the above-mentioned person 1 to the effect that “the Defendant deposited KRW 28 million from the above-mentioned person 1, and shall be a member of the staff.” On the same day, around 16:00 on the same day.

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