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(영문) 광주지방법원 순천지원 2019.08.13 2019고단1128
사기방조
Text

A defendant shall be punished by imprisonment for six 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

Around December 8, 2018, the Defendant received a proposal and sent documents, such as a resident registration abstract of the Defendant, a written statement of account E (F) transaction in the name of the Defendant, to the name defective person, by telephone, from a person who assumes the name of B Company C, to make a loan by pretending to be the employee of D Company. There is no certain occupation. There is a balance in the passbook, and a loan is approved. It is re-transfered to the account designated in the passbook to send the company money to the current account. It was then sent to the name defective person by facsimile.

1. Around December 13, 2018, the staff member of the scaming assistance in the name of the fraud: (a) called “B Company 2 Team H” by calls from the victim G on December 13, 2018; and (b) made the victim transfer 6.520,000 won to the Defendant’s account under the name of the Defendant at low interest rate of 5.8% on repayment of 6.520,000 won of the existing E loan; and (c) immediately thereafter, by misrepresenting the Defendant as the Defendant’s agent, “the money to be sent to another person was deposited in the account under the name of the J bank (L) by making a deposit in cash in the name of M, N,O, P, Q, Q, and R,” and instructed the Defendant to “the money to be paid to another person at a low interest of 6.5 million won on six occasions in the name of M, P, P, Q, and R.”

However, even in around 2010, the Defendant received a proposal that he would give a loan from a person in bad name and transferred the passbook, which is the means of access to the Defendant’s account. Since the passbook was used for a single telephone financial fraud crime and was investigated under suspicion of fraud and violation of the Electronic Financial Transactions Act, there was no reason for the Defendant to obtain a false certificate of employment in the Company B and make a loan by creating financial transaction details. The nominal owner who deposited 6.20,000 won into the Defendant’s account is G, which is entirely a new person other than B or C and I, and one million won after withdrawal in cash.

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