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(영문) 대전지방법원 천안지원 2021.02.04 2020고단2709
사기방조
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On April 20, 2020, the Defendant received a proposal that “The Defendant: (a) was unable to lend 4.6% loans to KRW 25 million from a person in an infinite name, who assumes a false name as a bank employee B bank employee; (b) he/she should accumulate a transaction performance with low credit rating; (c) he/she collected money deposited in the NN account to increase credit rating by accumulating the transaction performance; and (d) withdraws the money deposited in the KN account to transfer it to us.”

However, the Defendant was punished by a fine for a violation of the Electronic Financial Transactions Act in around 2017. Since the Defendant had experience in receiving loans from other institutions, granting a low interest rate loan without any security by withdrawing and delivering the remitted money in cash is not a general loan, but a so-called Bosing crime, accepting the proposal of a person without name, and raising money deposited in the Defendant’s account in cash to deliver the money to the person without name by withdrawing the money in cash.

Accordingly, on April 20, 2020, the Defendant informed the person who was absent from the name of the Defendant at a non-resident’s location in the middle of the police station, and the person who was absent from the name of the Defendant calls to the victim F to the effect that “it is possible to lend 2.5% interest to the 10 million won,” and the credit rating is low. Accordingly, the Defendant made a false statement to the effect that “transfer to the account that was designated by another financial institution for loans from the other financial institution,” and that the said person wired KRW 25 million to the above D bank account in the name of the Defendant around 10:04 on the same day from the victim.

The Defendant, at the H center of the D Bank near Pyeongtaek-si G, withdrawn the above KRW 25 million, which was remitted by the victim under the direction of the person without the above name, as a check, and then exchanged the remainder of KRW 15 million at the off-to-be branch of the D Bank, in each cash exchange at the off-si branch of the D Bank, and then delivered it to the employee designated by the above person with the name in its vicinity.

Accordingly, the defendant deceivings the victim.

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