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(영문) 인천지방법원 2019.02.21 2018고단9201
사기방조
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On January 15, 2018, the Defendant received a proposal that “a loan may be made up to KRW 30 million from a person who assumes a false name as a lending business entity. To proceed with a loan, the Defendant should accumulate the transaction performance in the current account, and then KRW 10 million will be deposited into the current account.”

On December 23, 2017, the Defendant: (a) withdrawn the amount of KRW 425,00,000 from the Defendant’s corporate bank account in cash, which was deposited in the Defendant’s corporate bank account under the direction of another person without any name, who misrepresented the lending company at the Incheon Michuhol Police Station; and (b) transferred the money to another account; and (c) received the suspect’s investigation under the suspicion of fraud; (d) accordingly, the Defendant may receive a loan even though he thought that the money deposited in the Defendant’s account can be the amount of damage from the crime of Bophishing fraud; and (e) was able to accept the proposal of the above person with no name, and (e) received the money deposited in the Defendant’s account in accordance with the direction of the person with no name.

Therefore, the Defendant sent to the person who was unaware of name on January 15, 2018 by affixing the passbook and identification card of B bank account (C) in the name of the Defendant to D with a photograph, and the person who was unaware of name was transferred to the said B bank account in the name of the Defendant on January 16, 2018, by phoneing the victim E at an unspecified place on January 16, 2018 and misrepresenting the F bank employee at a low interest rate if one half of the existing loans are repaid. The repayment of the loan will be made if the F bank director A transfers the loan to the F bank director A’s account on the same day.”

Accordingly, the defendant assisted and aided the crime of fraud by deceiving the victim by deceiving him.

2. On November 19, 2018, the Defendant wishes to do so within KRW 30 million from a person who was unaware of the name alleged to be H as a staff member of G lending business entity.

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