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(영문) 창원지방법원 2020.06.26 2020고단1070
사기방조
Text

A defendant shall be punished by imprisonment for not less than eight 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

The employees of Bosing, such as persons who have failed to obtain the name, by deceiving that they could make loans to many and unspecified persons at a rate lower than that of the existing loans by putting a telephone to the general public, and in this context, they received cash from many and unspecified persons for the repayment of the existing loans.

On the other hand, around November 4, 2019, the Defendant: (a) received a proposal from a person who assumes a false name who assumes the team leader of the B Company C, that “it is possible to grant a loan of KRW 10,000,000, but the loan is intended to be implemented; (b) in form, the Defendant entered it as a D travel agent and withdraw it in cash for six months, and then delivered it to the E-office head who is an employee of our company, and notified him of the number of the F Bank account (G) in the name of the Defendant.”

However, in relation to the case in which the Defendant transferred the cream cards used for the scaming crime in 2012, the Defendant was aware that the lending method that was carried out by the bearers of the name was an emergency form of fraud. In the process of withdrawing the money deposited in the account in the name of the Defendant, the Defendant was aware that the “C team leader” was an employee of the Boscam Financial Fraud Group, by receiving an instruction from the “C team leader” to make a false statement on the financial fraud prevention, and in fact, he was aware that the “C team leader” is an employee of the Bosing Financial Fraud Group.

Accordingly, on November 5, 2019, the name-unsured person means a false call to the victim H, who is not an employee of the lending company, and even though there is no intent or ability to provide the loan, the fact shall be called “the Justice of the International Bank. In order to obtain a loan due to low interest rates, the existing loan must be repaid.” On November 5, 2019 from the victim H, the name-free person is KRW 10 million with the F bank account (G) in the name of the defendant for the purpose of the repayment of existing loan around 12:50 on November 5, 2019.

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