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(영문) 서울북부지방법원 2020.04.22 2019고단5460
사기방조
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Basic Facts] On October 2019, the name Buddhist person, who caused the Bosing Organization, called the victim B by telephone at a Hasman’s non-place on 2019, and falsely speaked to the effect that “The rate of debts is low at a low interest rate loan. If the loan was received from the second financial right and sent the money to the account designated by the money, it would be repaid and lent for a substitute loan.”

However, in fact, there was no intention to lend a substitute loan only when the victim had voluntarily thought to use the loan with money.

On October 23, 2019, the above person under whose name the victim was accused of, and thereby, was transferred from the victim to the bank account (E) in the name of the defendant on October 23, 2019.

【Criminal Facts】

On October 2019, the Defendant: (a) received the proposal, “F Company G head; (b) is the head of the F Company G division; (c) is raising credit rating by accumulating the results of the transactions of entrance and withdrawal; (d) is informed of the account number of lending; and (e) is withdrawn and delivered to D employees upon deposit of money; and (e) was anticipated that such act may constitute a crime of licensing under a prompt name, even though it was anticipated that such act constitutes a crime of licensing.”

The defendant, at around 10:29 on the 24th day of the same month, in committing the crime as above, withdrawn KRW 5 million out of the amount of KRW 17 million deposited by the victim at the seat point of the D Bank in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, in cash, at the check, and delivered the above amount of KRW 5 million to the assistant who sent the above non-indicted's name in cash at the vicinity of the above branch, and immediately thereafter, after exchanging the above check in cash at the seat point of the D Bank Twit Station in Seoul, Jung-gu, Seoul, and then delivered it to the above assistant at the front day of the above branch, and then at around 11:25 on the same day, the defendant withdrawn KRW 18 million from the ATM at the seat point of the D Bank in Seoul, Nowon-gu, Seoul, and delivered it to another assistant who sent the above non-indicted's name from the front day of the main office.

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