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(영문) 서울남부지방법원 2020.02.12 2019고단5276
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 April 2019, the Defendant: (a) sent to a name-free person who assumes the position of Bentman in the name of B after obtaining a credit rating from the name-free person who assumes the position of Bentman, to obtain a loan due to a lower credit rating; (b) received a communication from us that “I would withdraw a loan to the current account and deliver the loan amount of KRW 10 million,000,000 to us; and (c) notified the name-free person of the name of the Defendant’s account in the name of the Defendant; and (d) sent the said account to the employee designated by the said name-free person if the money was deposited into the said account.”

1. On April 2019, the victim E made a false statement to the effect that “if an existing loan is repaid, a loan will be made up to a maximum of 53 million won per annum with a low interest rate of 5.6% per annum” by calls from the victim at a non-place, the victim made a remittance of KRW 13 million to the said C association account under the name of the Defendant.

At around 12:03 on April 10, 2019, the Defendant: (a) prepared a “large cash withdrawal/transfer statement” in order to prevent singishing damage in the course of withdrawing KRW 13 million from the I Association located in M of Yangcheon-gu Seoul Metropolitan Government; (b) concluded that the money deposited into the said C Association’s account in the name of the Defendant could be the damage amount to singishing; (c) made it easier to commit the criminal act of the singishing organization by delivering the said KRW 13 million to the singishing staff in the vicinity of the said I Association.

2. The purport of the victim J’s scam assistance in the name of fraud is that “a loan will be made up to KRW 40 million with a low interest rate of KRW 3.2% per annum when an existing loan is repaid” by phoneing to the victim at a non-place on April 10, 2019.

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