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(영문) 창원지방법원 통영지원 2019.09.25 2019고단473
사기방조
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The name impaired person is a member of the telephone financial fraud organization that operates the call center at a place where it is impossible to know, communicates many and unspecified domestic people with the lending company's staff, etc., and defrauds money by misrepresenting them.

On January 2019, the Defendant: (a) received a proposal from an unqualified person who misrepresented himself/herself as a member of a lending company “B” in the name of the Defendant, to the effect that “The lending is difficult due to lack of financial performance; (b) withdrawn the money from the new passbook to pay the money and deliver it to the employee”; and (c) received it, and notified the account number C (D) in the name of the Defendant.

On January 15, 2019, a name-free person assumes a false statement to the effect that “When he/she applies for another loan due to lack of current ordinary point, he/she would give a loan at a low interest rate.” From the victim on January 24, 201, he/she was transferred KRW 10 million to the account in the name of the defendant at around 12:45 of the same month.

On January 24, 2019, the Defendant: (a) received the order from the person who was not entitled to receive the statement to withdraw the money deposited in the account and deliver it to the employee; (b) withdrawn the amount of KRW 10 million from the H H H H H H H H H H H H H H H H H H H branch located in Dong-si to the account in the name of the Defendant; and (c) delivered the amount of KRW 10 million to the employee who was sent out by the person who was not entitled to receive the statement; and (d) delivered the amount of KRW 36,870,000,000, which was obtained by the person who was not entitled to receive from the victims three times until 14:50 on the same day, as shown in the list

Accordingly, the Defendant aided and aided the crime of fraud by making it easy for the Defendant to commit the crime of false names.

Summary of Evidence

1. Defendant's legal statement;

1. The authenticity and statement of the F;

1. Three copies of a written decision not to institute prosecution, a written opinion of transfer, and a written advance ruling on the prevention of financial fraud;

1. The questions of cooperation in investigation and investigation; and

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