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(영문) 서울남부지방법원 2019.03.07 2018고단5882
사기방조
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 of the final judgment.

Reasons

Punishment of the crime

[Basic Facts] A person whose name cannot be known refers to a person who made a false statement to make a loan to an unspecified number of unspecified persons at a low interest rate, and received money for a substitute loan. The Defendant, upon receiving an instruction from an unspecified person, conspired to withdraw money transferred to the account under the name of the Defendant and deliver money to the unspecified person to whom his/her name cannot be known.

【Criminal Facts】

1. On December 18, 2017, a person whose criminal name is unknown with respect to the victim B was false-end by misrepresenting the victim B’s staff at a place where the location cannot be known, and making a loan to the victim B at a low interest rate. To obtain a loan, a person who intends to obtain a loan would be able to preferentially repay the second financial right loan.”

However, a person whose name is not known has no intention or ability to make a loan to the victim at a low interest rate with the national policy funds, as well as the C Bank employees.

A person whose name cannot be known, as mentioned above, was accused of the victim, and was transferred from the victim at around 10:40 on December 20, 2017 to the D Bank Account (Account Number: E) in the name of the defendant at around 5,000 won.

On December 20, 2017, the Defendant, upon receiving an instruction from a person whose name is unknown, withdrawn KRW 30 million from the Doksan Bank located in Gangseo-gu Seoul Metropolitan Government F by a cashier’s check, and on December 20, 2017, transferred KRW 20 million to the G bank account (Account Number:H) in the name of the Defendant on December 22, 2017, and then withdrawn KRW 20 million in cash again.

The Defendant, around that time, exchanged the above cashier's checks in cash at the Doe Bank in Gangseo-gu Seoul, Gangseo-gu, Seoul, with KRW 11,00,000 among KRW 30,000,00,000, and then returned the remaining cashier's checks to the Y branch in Gangseo-gu, Seoul, and then re-issues the cash amount of KRW 19,00,000,000 to the person who could not be known who was waiting in the root.

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