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(영문) 서울서부지방법원 2018.04.26 2018고단360
사기방조
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 2017, the Defendant accepted the proposal that he would withdraw the second and second-hand sales amount deposited in the bank account in the name of the Defendant from a person who misrepresented himself as an employee of the exporting company of used cars, and deliver it to the employees of the company, and pay 10% of the face value of the subscription as a commission.

When paying a high amount of commission to the Defendant, the Defendant’s words “I would like to use the Defendant’s account under the name of the Defendant” and “I would like to find a company” were aware of the fact that the Defendant was to receive money from the victims by using the account under the name of the Defendant, avoiding answer to the failure of the Defendant, and allowing the Bank Board to make a false statement with regard to the place of using the money when withdrawing cash. The Defendant, on July 7, 2017, at the Seoul Western District Court sentenced the Defendant to a fine of KRW 3 million due to the violation of the Electronic Financial Transactions Act at the Seoul Western District Court, which was sentenced by the Defendant to a criminal act under the name of the Defendant’s account linked to the Defendant’s transfer, and the record of investigation conducted by an investigative agency was two times or more, and the Defendant was aware of the fact that the Defendant was to receive money from the victims by using the account under the name of the third party, and that the Defendant was aware of the fact that the Defendant was to have withdrawn the money from the Defendant’s criminal act of deception from the Defendant’s response.”

It was sufficiently aware.

Nevertheless, the defendant, on August 7, 2017, contact the victim C without the intention or ability to provide a loan, and "the existing loan to lend at a low interest."

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