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(영문) 서울동부지방법원 2020.05.11 2020고단701
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 November 2019, the Defendant: (a) was aware of a loan to a police officer on the early 2019, and (b) was proposed as follows: “A person who assumes the name of “B Company C director” from a malicious person who assumes the credit rating so that it is difficult to grant a general loan due to the lack of credit rating; and (c) was working in the company called D; (d) the Defendant was offered a proposal stating that “The Defendant will deposit KRW 20 million as if he was paid wages in the name of the president of the Jeju Branch E, and will deliver the loan to us.”

On November 27, 2018, the Defendant was aware of the fact that a police investigation was conducted on the wind used for the Bosing crime because the Defendant was aware of the fact that the Defendant was associated with the Bosing crime, and accepted the proposal of the above “C Director” because the Defendant knew of the fact that the Defendant was related to the crime of Bosing, even a person who assumes the said “C Director” was involved in the crime of Bosing, even though he knew of the fact that the Defendant was involved in the crime of Bosing, which was economically difficult.

Accordingly, the Defendant informed the above “C Director” of the F account in the name of the Defendant, and, on November 8, 2019, sent the F account in the name of the Defendant to the said F account under the direction of the said “C Director” at around 13:57 of the same day, by falsely speaking that the Defendant assumes the “H” of the employees of financial institutions in the name of the Defendant, and calls the victim E from the victim E to the account designated with a low interest rate, and calls for credit rating, and transfers the money to the said F account in the name of the Defendant. The Defendant received KRW 20 million from the victim to the said F account under the direction of the said “C Director” at around 13:57 of the same day, from the J head office in Songpa-gu Seoul to the said account under the said name of the Defendant, sent the cash in cash by withdrawing KRW 20 million deposited in cash from the said account in the name of the Defendant.

As a result, the defendant aided the victims to defraud the property by deceiving the victims.

(i) the evidence;

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