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(영문) 광주지방법원 2019.02.21 2018고단4834
사기방조
Text

A defendant shall be punished by imprisonment 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

On July 6, 2018, the first and second names of the Singing Organization made a false statement to the victim B, stating, “The Seoul Central Inquiry Agency is the case, and it is necessary to confirm financial transactions in order to be deferred to the case and to be exempted from suspicion, it is necessary to transfer money to the bank account in the name of the employee of the Financial Supervisory Service.”

However, in fact, the above-mentioned person was not an employee of the prosecutor's office, and he was thought to have been immediately withdrawn and deducted from the victim.

The above person who was dissatisfyed in name received KRW 82 million from the C bank account (Account Number D) in the name of the defendant on the same day by deceiving the victim as above.

On July 5, 2018, the Defendant received a proposal that “I would create a transaction performance and make a loan, and if you deposit it into a bank account under the name of the Defendant, I would withdraw it in cash after transferring it to a bank account under the name of the Defendant and withdraw it to other employees, and I would see it to the other employees.”

On July 6, 2018, the Defendant transferred KRW 82 million to the above Cbank account under the name of the Defendant to the E Bank account on two occasions, and the Defendant withdraws cash from the E Bank Account under the name of the Defendant at the point where the E Bank is located in Gwangju Metropolitan City, North-gu, Gwangju Metropolitan City on the same day at around 14:28, and then withdraws cash from the E Bank Account under the name of the Defendant, and then withdraws money from the bank staff to the account in cash, the Defendant makes a false statement to the effect that “the Defendant would have received payment and withdrawn money for personnel expenses, etc.,” and the high-amount cash withdrawal slip does not have received a call to the effect that “the Defendant would have received money to obtain a loan,” and the Defendant signed the writing, and then withdrawn KRW 42 million in cash, and continuously on the same day at the point where the E Bank is located in the same Gu H Bank on the same day at around 15:19.

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