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(영문) 서울중앙지방법원 2017.05.24 2016고단5430
사기방조
Text

A defendant shall be punished by imprisonment for six 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

On June 10, 2016, the name Buddhistist sent letters that may be loaned from the Nonghyup to the victim D.

In this case, this victim made a false statement to the effect that "if a loan is transferred to the account to which the amount of the loan is designated after being granted by the company providing the loan, due to low credit rating, it would make the loan at a 3% interest rate," and in this context the victim deposit KRW 7 million with E bank account in the name of E, and on June 14, 2016, the victim made the victim deposit KRW 7 million with the new bank account (G) in the name of the Defendant on the ground that the amount falls short of the credit rating, and then acquired it by means of having the Defendant withdraw and deliver the above KRW 7 million.0 million.

On June 13, 2016, the name Buddhistist called the victim H to obtain a loan from the Agricultural Cooperative, and made a false statement that "if he/she intends to obtain a loan from the other credit business entity, he/she will immediately obtain a loan from the other credit business entity because it has a little shortage of credit, he/she will go up with the credit." This means to have the victim deposit the above amount of KRW 15 million with the above account in the name of the defendant, and then to have the defendant withdraw and deliver the above amount of KRW 15 million by fraud.

In order to assist the victims in receiving money as above, the Defendant, on June 9, 2016, sent an account number to a non-named person of the above account in the name of the Defendant, and on June 14, 2016, pursuant to the order of the bank distributor of the new bank in Seocho-gu Seoul Seocho-gu to withdraw and deliver the money to the said account after hearing the statement that the money was deposited from the non-named person on June 14, 2016, and then withdrawing KRW 7 million deposited from the said account at this branch of the bank distributor of the new bank in Seocho-gu Seoul Seocho-gu, Seoul, in cash, from the said branch of the bank to the said account, and delivered it to the male victim of the above account at least 60,000,000 won after moving from the 3rd district of this waters to the new White-gu and moving at around June 13:20, 2016, 150,000 won from the new bank located in Seocho-gu, Seoul.

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