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(영문) 서울서부지방법원 2019.02.27 2018고단4362
사기방조등
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 Defendant, who assumes the name “C” by misrepresenting B Bank’s “C” (hereinafter “C”), received a proposal from the staff member of the said Bosing (hereinafter “C”) to the effect that “Is a low interest rate loan under the pretext of deposit money, and then withdraw and deliver money deposited into the bank account of the Party. If the staff of the Bank asked for cash withdrawal, I would like to accept the proposal to facilitate the fraud of the staff member of the said Bosing.”

At the end of September 18, 2018, the official under the name of the Ssing phishing stated that, although the employee did not have the intent or ability to make a loan to the victim D, the employee is misrepresented to the victim, and that, “if the existing loan to B Bank is repaid to the F Bank account in the name of A, to make a loan up to 35 million won at a low interest rate, the employee shall make a loan to the F Bank account in the name of A,” and that, at least 13:15 on the same day from the victim, the employee acquired the loan by transfer of KRW 15.3 million to the F Bank account (Account Number: G) in the name of the defendant.

On September 18, 2018, the Defendant: (a) transferred KRW 12 million out of the amount of damage deposited into the F Bank account under the name of the said Defendant to H Bank account (Account Number: I) in accordance with the direction of “C” on September 13:24, 2018, when waiting for the direction of cash withdrawal from Mapo-gu Seoul Mapo-gu Seoul, to the H Bank account in the name of the Defendant; (b) withdrawn KRW 6 million from the cash withdrawal machine located at a branch office of H Bank in the Mapo-gu Seoul Mapo-gu Seoul Mapo-gu Seoul, Seoul, in cash and delivered the cash withdrawal book in front of the Mapo-gu, Seoul, and (c) delivered KRW 12 million to the F Bank’s account in accordance with the direction of “C” at the F Bank's branch office located in the Mapo-gu Seoul, Mapo-gu, Seoul, at around 15:15 of the same day; and (d) returned to the said account remaining in the said account.

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