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(영문) 대구지방법원 김천지원 2019.08.27 2019고단506
횡령
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

[Criminal Power] On April 9, 2019, Defendant B was sentenced to two years of suspended execution for ten months of imprisonment without prison labor due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death) in the Daegu District Court Kimcheon-do, and the judgment became final and conclusive on April 17, 2019.

【Criminal Facts】

The Defendants are the Ne-Ne-Ne-Ne-Ne-Ne-Neng

Defendant

A around October 1, 2018, at a place where it is not known, after receiving a proposal that “I will grant a loan up to 30 million won if I would have the transaction performance by informing the personal account holder of the account number and withdraw the money deposited in the account and transfer it to the domestic designated account. I would grant a loan up to 30 million won,” and then sent the identification card by informing the account number in his name of D (Account Number: E).

On December 14, 2018, the person under whose name was not known and without the intent or ability to provide a loan to the victim C by calls to the victim C, and without the intent or ability to provide a loan to the victim, “B is an employee of the branch office of FF Bank. It may provide a loan of KRW 30 million. However, since credit rating is low, the former card loan amounting to KRW 10 million is to be repaid to the bank designated at home.” After making a false statement to the victim, the victim made the deposit of KRW 10 million to the D account in the name of the defendant A on the same day.

Defendant

A around that time, facts from Defendant B were returned to the crime of Bophishing fraud, and nameless persons are employees of Bophishing, and work loans are responsible for the role of Bophishing intermediary. The money to be deposited is the amount of damage to the crime of Bophishing, and the Defendants were recruited to withdraw the amount of damage to be deposited into the above D account and use it at their own discretion.

Defendant

A around December 14, 2018, around 12:38, the victim was kept for the victim the amount of KRW 10,000,000,000 from a D account under the name of the defendant A, and the account transfer was made to the G bank account in the name of the defendant B on or around 12:42 of the same day, and the defendant B on or around 12:48 of the same day.

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