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(영문) 창원지방법원 통영지원 2019.05.21 2019고단261
사기방조
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 4, 2018, the Defendant introduced himself as a member of the Association B and accepted the proposal that “it is difficult to lend general loans due to the low credit rating, and will make a Maspbook from the Defendant’s business operator.” The Defendant introduced a person who is an employee of the Investment Trust Company, and subsequently, accepted the proposal that “it is necessary to open a Maspbook after increasing the transaction performance of the Association’s member, and then our country withdraws money to pay to the Maspbook and then is exempted from delivering it to our employee.” The Defendant sent a copy of the passbook in the name of the Defendant to the Maspbook (C).

On the other hand, at around 10:00 on December 5, 2018, an employee under the name of the Minister of Trade, Industry and Energy made a false statement to the victim D, who reported and contacted the letters that a low interest rate may be available, as if he/she were an employee of the E bank, and “I would lower credit rating by obtaining a loan from F, and would have the loan be given at a low interest rate if he/she redeems the loan to an employee’s account of the Korea Asset Management Corporation, and then would have it be given a loan at a low interest rate.” On December 5, 2018, he/she made the victim transfer KRW 30 million from the victim to the B association account (C) account in the name of the Defendant at around 10:20 on the same day. On December 5, 2018, the victim G, who reported that a low interest rate may be granted at around 10:20 on the same day, made the victim B, who contacted with Defendant B (C) at around 16:24, 2000.

The Defendant did not know at all about the investment trust company of this case, and was aware that the method of lending was abnormal, since the Defendant had been experienced in receiving loans in the past, and was given instructions to the Bank employees to make a false statement to the effect that the Defendant would be “the money that was lent to loan to loan to loan to loan to loan to a foreign company,” when withdrawing the money at the bank counter from a person who was unaware of the name.

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