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(영문) 서울서부지방법원 2017.08.18 2017고단1108
사기방조
Text

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

On November 28, 2016, the Defendant: (a) listened to the statement that he/she would pay a fee equivalent to 5% of the face value by withdrawing the amount of goods deposited in the Defendant’s account from a “C Company D Management Office” (hereinafter “C Company D Management Office”) under the name of the organization that caused the Defendant’s crime of fraud by telephone finance; and (b) informed the Defendant’s new bank account number (E) to the head of the D Management Office; and (c) withdraws the amount when the money was deposited in the account.

On November 24, 2016, an employee in charge of the crime of false telephone financing fraud assumes a false staff member of the Korea Savings Bank and takes a loan to the victim F by putting a telephone to the victim F.

In addition, if the victim intends to obtain a loan, it is possible to borrow a loan by getting up the credit rating of 4 million won to pay the balance of the loan that has been borrowed by the existing lending company.

“Along on November 29, 2016, the member was transferred 4 million won to the above account in the name of the defendant around 14:44 on November 29, 2016 from the victim.

On November 29, 2016, the Defendant withdrawn a total of four million won from the automatic payment machine to four times at the seat of a new bank located in Seodaemun-gu Seoul, Seoul, Seoul, at the point of seat, according to the direction of a person without his name, and gave him a good credit to a person who was waiting in the nearby street.

As above, if the Defendant handles the business of withdrawing goods by using the Defendant’s account that does not have awareness of the withdrawal of goods from the company, and if an employee of the company who is to be prohibited is waiting in the vicinity of the company, he will be exempted from the business of withdrawing the goods to the relevant employee, the Defendant, alone, who does not have awareness of the fact that he would be in charge of the business of withdrawing the goods from the bank, would, alone, have the Defendant withdraw and enter the money from the bank, conceal the personal information of the employees of the company to be prohibited, withdraw the money from the cash withdrawal period, and make the person in charge of the bank at the time of withdrawing the counter, and the amount of such business

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