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(영문) 광주지방법원 2019.01.11 2018고단4279
사기방조
Text

The defendant shall be innocent.

Reasons

1. On May 23, 2018, the Defendant received a proposal that “Around May 23, 2018, the Defendant considers that “I would be allowed to obtain a loan even if there is any delayed communications charge. I will, if necessary, pay in advance the overdue communications charge” from a person who assumes a false name “B director” from a lending company’s staff member who reported and contacted the letters of lending advertising, and that “I would be able to pay in advance the overdue communications charge.” However, I would need to put credit on the part of the Defendant to pass the lending examination because of the low current personal income. We would make our deposit of money in the current account in the name of the party and make it possible to create that you would be the party’s personal income and deliver the deposited money to the employee who sent our account.”

Around 2014, the Defendant was aware of the fact that the head of passbook and cash card was transferred to another person, and the indictment of indictment was suspended due to the violation of the Electronic Financial Transactions Act, and the Defendant was aware of the fact that the foregoing proposal was not a general one. Therefore, the Defendant consented to the above proposal in order to obtain a loan, even though he knew of the fact that the name not the person who assumes the above “B division” commits a criminal act such as scaming, or committed an illegal act, and then, notified the above name not having been given the account (D) in the name of the Defendant.

Around May 30, 2018, an employee under the name in distress who belongs to a scam criminal organization, such as the above “B director”, falsely assumes the staff of a lending company by telephone to the victim E, and falsely assumes that “F bank business support team is a financial support team, and there is low interest-interest loans. It is intended to obtain a loan up to 30 million won if the financial obligation of KRW 10 million is repaid at present.” The victim deposits KRW 10 million with the above C bank account in the name of the defendant around 12:09 on the same day.

On the other hand, the above "B director" is a C Bank located in the Nam-gu Seoul metropolitan area.

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