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(영문) 수원지방법원 안산지원 2019.09.04 2019고단2403
사기방조
Text

A defendant shall be punished by imprisonment for six 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

On March 12, 2019, the Defendant received a proposal that “B is to grant a low interest rate refund loan from an employee in the name of the Defendant’s cell phone.” At the same time, the credit rating should be increased by accumulating the transaction performance of deposit and lending. If the account number is notified, the Defendant sent money to the employee’s name, withdrawal of the money, and re-delivery of the money, and then notified the Defendant of the account number (D) in the name of the Defendant.

The Defendant knew that the method of delivering a large amount of money through Kwikset service article designated by the unswikseter under the above lending procedure and instruction was abnormal, and it did not have any means to verify the identity of the unsworn person against B, and even before being given a loan from the unsworn person, the Defendant was subject to a disposition that he was suspected of violating the Electronic Financial Transactions Act at the head office of the Changwon District Prosecutors' Office (Ma-gu Office) on February 23, 2016, and thus, the money deposited in the account under the Defendant’s name can be deemed as the amount of damage to the crime of Bohishing fraud.

Nevertheless, on March 12, 2019, the Defendant made a false statement to the victim E without intent or ability to lend a loan, and then made it easier to commit the crime of false name theft by sending it to the Defendant’s account in the name of the Defendant in receiving KRW 2 million from the victim’s account in the name of the Defendant on the same day. On the same day, the Defendant offered the Defendant to use the above account in the name of the Defendant in receiving KRW 2 million from the Defendant’s bank account in the name of the Defendant. On the same day, the Defendant withdrawn KRW 2 million from the above amount of damage from the Defendant’s name of the Defendant at the G G-dong branch located in Ansan-gu F in the name of the Defendant at the same time under the direction of the Defendant in the name of the Defendant.

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