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(영문) 대구지방법원 김천지원 2019.10.02 2019고단539
사기방조등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The non-person under whose name the fraud was committed refers to the role of the total liability for telephone financial fraud (one-name “Sing”), B refers to the role of the liability for cash withdrawal, C refers to the role of the liability for cash collection, and the obligation of the Defendant to provide the account, and the nameless person falsely speaks that he would make a loan of low interest by misrepresenting himself to an unspecified number of employees of the lending company by telephoneing to an unspecified number of unspecified persons, and then, he/she is subject to the transfer of cash from the victims to B under the name of repayment of loans and insurance money under the name of the depositors protection, B shall withdraw and deliver it to C, and C shall deposit money with the Defendant’s account without passbook, and the nameless person conspired to acquire property profits by transferring money deposited in the Defendant’s account to his/her account.

On June 12, 2018, the name-freeist called "B is a consultant F belonging to E. It was selected as a target of national support funds. Therefore, if part of the existing loan is repaid, a refund loan can be made at low interest rate of up to 50,000,000 won. However, if it is intended to receive a substitute loan, it shall be sent KRW 20,000,000 and KRW 3 million for the protection of depositors."

However, there was no intention or ability to make a refund loan even if the victim receives money from the victim as the name of the repayment of the existing loan.

Nevertheless, on June 12, 2018, at around 10:31, 200, the person under whose name was omitted was remitted KRW 20,000,000 to the G Bank account (Account Number: H) in B, around 11:03 on the same day, B withdraws KRW 10,00,000 out of the above amount in cash at the J Bank Session branch in Dongdaemun-gu Seoul, Seoul, and at around 12:05 on the same day, withdraws KRW 10,00,000 from the J Bank L University branch office in Dongdaemun-gu Seoul, Seoul, and then delivers it to C in front of each bank, and C withdraws KRW 1,960,00,000, excluding the fee of KRW 400,000 out of its cash delivered by B.

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