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(영문) 서울동부지방법원 2019.05.09 2019고단143
사기방조
Text

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

Reasons

Punishment of the crime

Around 10:50 on August 14, 2018, 2018, an employee under the name of the Minister of Trade, Industry and Energy: (a) misrepresentation of lending counseling staff and sending text messages to the victim B; and (b) reported this fact to the above victim, “In case of partial repayment of existing loans, 40 million won will be loaned at a low interest rate. It is necessary to repay existing loans; (c) transfer money to a designated account.” On August 16, 2018, the said victim received KRW 1,488,00 from the said victim through a bank account in the name of the Defendant (E) around 10:38, 2018; and (d) by receiving KRW 4,288,00 from three victims on three occasions in the same manner as indicated in the attached list of crimes on the same day, each of them was acquired.

On the other hand, around August 13, 2018, the Defendant received a proposal from a person who has no personal name, to the effect that “the lending may be made by setting up a transaction performance and raising credit.” On the other hand, if money is deposited in the passbook, it shall be delivered to the person designated by the Defendant after withdrawing it,” and that the Defendant’s account may be used for the crime of licensing, even though he was aware that the Defendant’s account can be used for the crime of licensing, he, even though he, at that time, informed the person who has no personal name.

In addition, on August 16, 2018, from around 11:33 to 14:50 on the same day, the Defendant re-transfered the amount of KRW 42 million out of the above amount of KRW 42.88 million to the account of the F Bank under the name of the Defendant, and then, the Defendant withdrawn KRW 14 million among them, and attempted to withdraw the amount of KRW 14 million from the near the roadside branch, etc. located in Gangdong-gu Seoul Metropolitan Government, and to withdraw the money additionally.

Accordingly, the defendant, by facilitating the above fraud of the above-mentioned person, aided and abetted the above fraud.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning G;

1. A copy of each statement of B and H;

1. Application of a written request for withdrawal and a literature list, and of an Illied message statute;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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