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(영문) 춘천지방법원속초지원 2020.10.14 2020고단36
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 of the final judgment.

Reasons

Punishment of the crime

On November 29, 2019, the Defendant: “A bank may take out KRW 20 million loans from B bank; it is necessary to set up a new account and make false entry and departure details because of the good credit for the Defendant; C bank account opened and notify the account number and password; issued an OTP card in the name of the Party; and then our country is urged to notify the OTP number whenever it withdraws money deposited.”

However, around October 24, 2012, the Defendant was subject to a disposition of no suspicion against the charge of violating the Electronic Financial Transactions Act that issued the means of access for the purpose of lending, and was sentenced to a suspension of indictment on April 24, 2015, and a fine of KRW 3 million was sentenced for the same crime on January 25, 2017. As such, inasmuch as the Defendant’s account provided for the purpose of lending in the course of each investigation and trial was aware that it was used for the singing crime, the Defendant knew that the account provided to the person under whose name was given could be used for the singing crime.

Nevertheless, around December 2, 2019, the Defendant opened a bank account (D) in the name of the Defendant via the Internet at the Seocho-si, Seocho-si, Si, 2019, and then notified the account number and password to the person who has failed to pay the above account, and notified theOTP number of the above account so that the money can be transferred to the above account.

On December 3, 2018, the person who was unaware of the name shall be entitled to make a loan up to a maximum of 60 million won with a low interest rate if he/she repaid the existing loan to the victim E by telephone even though he/she did not have the intention or ability to harm the loan at a non-place on or around December 3, 2018, and he/she shall be entitled to repay the loan to the account known to him/her at a low interest rate of up to a maximum of 60 million won. Accordingly, he/she received a remittance of KRW 37,240,000 from the victim around December 4, 2019.

Since then, the defendant is above.

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