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(영문) 대전지방법원공주지원 2020.11.24 2020고단289
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 January 2020, the Defendant accepted the proposal that “I will get a substitute loan” from a Singisher’s staff member who misrepresented to B of a lending company on January 2020, the Defendant accepted the proposal that “I would like to get a substitute loan. I would like to get a loan in a normal way. I would like to get a loan to be granted. I would like to secure a transaction performance. I would like to deposit money. I would like to deliver the money to us.”

On the other hand, even if a person receives a loan from a victim, he/she does not have the intent or ability to implement a loan by substitute, and he/she misrepresented his/her employee at a name-free place on January 15, 2020 and falsely calls to the victim D and calls to the victim D for a loan at a non-specified place on January 15, 2020, and another person who misrepresented his/her employee at E bank at the victim on January 16, 2020 and violated the loan contract by phoneing to the victim at around 09:00 on January 16, 2020, stating that "the attempt to obtain an additional loan from the use of the loan is confirmed, and the payment of the loan in existing use is to be returned to the account." This means that he/she made the victim transfer the amount of KRW 1,828,00,000 to the account of the Defendant in the name of F Bank (G).

In order to raise transaction performance, the Defendant is not a general loan method, but has been obviously informed that he would incur damage to singishing in the past, and around 12:00 on January 13, 2020, under the direction of the above officer to the effect that “6 million won transferred from the F Bank’s account in the name of the party to the F Bank’s account (H) will be withdrawn from the bank counter and delivered cash collection books to the F Bank’s account.” The Defendant withdraws the amount of 6 million won deposited from the F Bank’s official branch counter in the F Bank’s official account in the public city of public administration to the said account from the F Bank’s official account in cash, and then “low interest rate government funds, etc.”.

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