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(영문) 서울서부지방법원 2017.10.26 2017고단2339
사기방조
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On August 18, 2017, the Defendant was sentenced to a suspended sentence of two years in the fourth month of imprisonment for a violation of the Electronic Financial Transactions Act at the Seoul Southern District Court, and the judgment became final and conclusive on August 28, 2017.

[2] On March 1, 2017, the Defendant received a proposal from a person who was unable to leave the Defendant’s mobile phone to withdraw money deposited in the Defendant’s account in the name of the Defendant and then consented to the proposal, and then notified the person who was in the name of the Defendant of the new bank account (B) in the name of the Defendant.

On January 25, 2017, the Defendant was prosecuted for violating the Electronic Financial Transactions Act at the Seoul Southern District Court (Seoul Southern District Court) and was aware of the fact that the Defendant received money from the victims by using an account under the name of another person, and was aware of the process of receiving the money and of the process of performing the loan, and thus, the method of lending the money to the victims was an emergency. The Defendant was instructed to make a withdrawal and delivery of the money deposited into the account under the name of the Defendant only in cash, and the bank’s employees should withdraw and deliver the money to the Defendant, and the Defendant was ordered to make a false statement to the effect that the money deposited into the account under the name of the Defendant was withdrawn to use it for project expenses. The Defendant did not act on behalf of the borrower in withdrawing and delivering the large amount of cash, and the amount deposited into the account under the name of the Defendant through the process of not confirming the identity of the employee who would receive the cash.

I think.

Nevertheless, the Defendant misrepresented the investigative officer of the Financial Supervisory Service without the intent or ability to return money by calls to the victim C at a place where it is impossible to know on March 10, 2017, and, in order to resolve the instant case, the Defendant is subject to investigation, “The Defendant sent cash 16,400,000 won to resolve the instant case because it was leaked credit information and another person caused fraud of KRW 16,40,000 by opening a new passbook.”

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