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(영문) 인천지방법원 부천지원 2020.02.07 2019고단3552
사기방조
Text

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

Reasons

Punishment of the crime

[criminal power] On October 11, 2018, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution for the violation of the Electronic Financial Transactions Act from the Incheon District Court’s Branch Branch Branch, and the judgment became final and conclusive on October 19, 2018.

【Criminal Facts】

On October 12, 2018, the Defendant received a proposal that “a loan is to be made by means of an account transaction performance from a nameless person (one named “B office”) who assumes the name of the lending company staff member,” and “a loan is to be made. If Korea deposits money in the head of the Tong, it shall withdraw the money and shall be removed from our employees. If four times deposits and withdrawals are repeated, loans may be granted.”

On January 1, 2018, the Defendant: (a) transferred a e-mail card upon receipt of a proposal that he/she would pay the e-mail rent; (b) had the record of criminal punishment for violating the Electronic Financial Transactions Act because the account was used for the e-mail fraud; (c) although he/she was well aware that the means of access, such as the account number or e-mail card, can be used for the e-mailing crime, he/she sent a photograph of the head of passbook transaction in the name of the Defendant around October 15, 2019 after accepting the proposal of the e-mail victim, despite the well-known knowledge that it could be used for the e-mailing crime.

Meanwhile, on the other hand, at around October 18, 2018, the non-titled employee called the victim E from the French land to the victim E, and the fact that the victim is not a Cbank employee but, even if the victim did not have the intent or ability to harm the loan even if he/she remitted money, misrepresents the C Bank F agency and makes a loan at low interest. For the loan to be extended, he/she shall forward money to the account in the name of a certified judicial scrivener notified whether the existing loan should be repaid. It is confirmed that he/she will make the loan after confirming it." Accordingly, he/she received the money from the victim to the C Bank account in the name of the defendant on the same day.

After October 18, 2019, the Defendant withdraws the money deposited in the said account from the above-mentioned person with no name.

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