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(영문) 대구지방법원 서부지원 2018.07.04 2017고단487
사기방조
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 21, 2016, the Defendant, without the intention or ability to provide a loan, intended to misrepresent a financial institution to many and unspecified persons without any low interest, and first got a loan from another institution, and then received a proposal to obtain a loan from “B agency” presumed to be the member of the “Sishing” organization in charge of receiving the loan by means of money transfer to an account prepared in advance, etc., the Defendant sent by facsimile a copy of the passbook in the name of the Defendant’s corporate bank account (C) even though he/she knew that he/she would acquire money from many and unspecified persons by fraud.

On July 29, 2016, an employee of the aforementioned “scaming” would offer a loan to the victim D by telephone.

Article 3 The term "a loan is deposited with a loan from a well-known savings bank after obtaining a loan from the third financial right." On August 2, 2016, the victim was transferred KRW 15 million to the above account in the name of the defendant around August 2, 2016.

On August 2, 2016, the Defendant sought money deposited in the said account by telephone, and then received instructions to deliver money to the employees of “E” presumed to be the member of the organization of Bospishing,” and attempted to withdraw KRW 15 million deposited in the said account in the account in the name of the Defendant at the same point of a corporate bank located in Dasan-ro 112, Jung-gu, Seoul, Seoul, at around 14:20 on the same day, despite being aware that the Defendant acquired money from many unspecified persons by fraud.

Ultimately, the Defendant, by means of lending the account under the name of the Defendant to be used for the commission of the organization of the “Singing”, such as “B agency,” and seeking to collect money deposited in the account, thereby facilitating the Defendant’s fraud of the “Singing” method.

Summary of Evidence

1. Some of the statements made by the prosecution against the defendant in the suspect interrogation protocol.

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