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(영문) 인천지방법원 부천지원 2019.09.19 2019고단1813
사기방조
Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 31, 2018, the Defendant: (a) received a proposal stating, “The Defendant would pay 10% fee to the Korea Credit Guarantee Fund because it is impossible to grant a loan in its personal name because it is not good to credit; and (b) would receive a loan in the name of B; (c) also, upon deposit of the examination fee to be supported in B, the Defendant sent the number of bank account (E) in the name of the Defendant to the designated corporate account.”

Meanwhile, on the other hand, on December 31, 2018, a telecommunications-based financial fraud assistance employee related to the above person under the name-based financial fraud refers to "a transfer of existing loans to a bank account under the name of A, as the case may be to lend KRW 20 million to the victim F at an unsound place." In this regard, the victim had the victim remit KRW 3 million to the above bank account under the name of the defendant around 14:11 on the same day.

In the past, the Defendant was aware that the loan method that was made by the winners of the above name was abnormal, such as receiving a loan from a financial institution under the name of a juristic person other than the Defendant, or depositing fees from the Credit Guarantee Fund into the account in the name of G Co., Ltd., and recognized that the deposit of the above fee in the name of H, etc. can be an act of aiding and abetting telecommunications-based financial fraud by notifying the holders of the above fee.

From 14:49 on the same day, the Defendant withdraws 2.64 million won from the J bank account under the H’s name in cash at the I branch of the D Bank under the direction of the person who was unable to receive the above name at the I branch of the D Bank, and then deposited the L, etc. at the K Bank account in the name of G bank account (Account Number: M) in six times on the same day at the original branch of the K Bank at the 15:10 on the same day.

Accordingly, the defendant, by facilitating the fraud of a person who has not received a name, assisted it.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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