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(영문) 부산지방법원 2020.10.14 2020고단2504
사기방조
Text

A defendant shall be punished by imprisonment for one year.

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 December 2, 2019, the Defendant issued a proposal stating that “B Capital C is a securities loan up to KRW 7 million by telephone from an employee in the name of the police officer. In order to obtain the loan, a securities account must be opened and a statement of account transactions should be made. First, the Defendant transferred money to a securities account with the trust officer to a securities account and then paid money to the securities account. Of deposited money, part of the deposited money will be by the trust.”

However, the Defendant: (a) transferred his body card to another person for the purpose of obtaining a loan; and (b) received a police investigation and received a disposition of suspension of indictment after taking the police investigation; (c) thus, it was anticipated that his account will be used for singing if it provides it to another person.

Nevertheless, the defendant accepted the above proposal and then notified the account number (E) in the name of the defendant.

Around December 27, 2019, the name-freeist statement made a false statement to the victim F to the effect that “a loan will be made at low interest if an existing loan is repaid,” and then, he/she had the victim transfer the amount of KRW 4 million to the Defendant’s D bank account on the same day, and then, the Defendant transferred the amount of KRW 10 million from the above account to the G (H) account in the name of the Defendant under the direction of the Defendant in accordance with the same name-free winner, and then withdrawn the amount of KRW 10 million from the above account, and then delivered it to the other Bosing staff.

As a result, the Defendant knew that the account in the name of the Defendant was used for the singing of the false name boxes, thereby informing the account number to the person with no name, and withdrawing and delivering the source of the singing damage deposited into the said account, thereby facilitating the Defendant’s fraud against the victim with no name.

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