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(영문) 서울서부지방법원 2018.08.21 2018고단1578
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, this judgment is delivered against Defendant B.

Reasons

Criminal facts

1. Defendant A

A. In order to induce the victim to commit the act of inducing loan fraud, the person who was not the victim’s name in aiding and abetting fraud was in charge of the victim’s telephone call and the name influor who used the “D” (hereinafter “D”)’s name in charge of giving the victim an instruction to receive the distribution card and withdraw cash.

On April 18, 2018, the Defendant accepted the proposal, “D, after withdrawing the money deposited into the designated account under another’s name, to pay 2% of the money deposited into the designated account without passbook,” and took charge of withdrawing the deposit with the card received under the direction of “D” and depositing it into the name-free account.

1) On April 13, 2018, the person who was unable to name the crime against the victim E may call the victim E to “F G” and may substitute the existing high interest loan at a low interest rate.

A false statement stating that a person who transfers money equivalent to the existing debt to a designated account would be able to borrow a substitute loan, and that person was issued KRW 3 million to the post office account under H on April 13, 2018, KRW 2 million to the J bank account under the name of H on April 20, 2018, KRW 2.60,000 to the J bank account under the name of H on April 23, 2018, and KRW 2.460,000 to the K bank account under the name of K on April 23, 2018.

Then, “D” issued a direction to the Defendant to the effect that “N-based malk phone macks” and “N-based macks off cash by receiving L bank macks,” and the Defendant withdrawn KRW 2,460,000 from the L bank macks in the name of K around April 23, 2018.

2) On April 20, 2018, “D” under the Defendant’s order to “M,” the Defendant received QbC cards from QbC in Mapo-gu, and on the same day, the Defendant received and stored R QC cards in accordance with the direction.

On April 23, 2018, the name influor may call to the victimO to refund the existing high interest loans to the FS Agency at low interest rate.

The money equivalent to the existing debt shall be designated.

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