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(영문) 서울남부지방법원 2020.01.17 2019고단5842
사기방조
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In spite of the absence of the intention or ability to actually provide a loan, the person under whose name the lending was made by misrepresenting the staff of a financial institution and remitting money to a bank account prepared in advance to the effect that it is possible to lend a low interest rate to a bank account, the person under whose name the lending was attempted to acquire money by means of withdrawing money from the above bank account and depositing money into his own account.

On May 27, 2019, the Defendant consented to the purport that “In order to obtain a low interest rate refund loan, the Defendant shall deposit our company’s money in his/her name with the account and make the account number in his/her name and inform him/her of the account number in his/her name. I shall withdraw the money deposited in the above account and be exempted from the opening of the account,” and then notified the account number (B) in his/her name to the person in whose name the account holder was named.”

On May 28, 2019, the name weakist made a false statement to the effect that "the victim assumes a D bank staff and assumes a low interest rate loan" in accordance with the above criminal activity plan by putting the victim's telephone to the victim C, and that "the victim assumes a low interest rate," and that "the party shall call the victim's phone again, and pay twice the penalty if the principal is not repaid as the contract breach occurred after receiving a loan consultation from D bank." The victim made a false statement to the effect that "the victim shall pay the loan to the E bank staff at a low interest rate," and that "the party shall pay twice the penalty if the principal is not repaid as the contract breach occurred after receiving a loan consultation from D bank." The victim made a false statement to the effect that "the victim shall receive the above telephone from the Financial Supervisory Service via the phone number with the

On May 30, 2019, the person who was unaware of the name was transferred from the above victim to the above corporate bank account in the name of the defendant around 10:30 on May 30, 2019.

When a defendant withdraws money from a person with no name on the same day, he/she shall borrow business funds, asked by a bank employee.

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