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(영문) 부산지방법원 2020.08.19 2020고단2253
사기방조
Text

A defendant shall be punished by imprisonment for six months.

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 February 2, 2020, the Defendant received a proposal from an employee of the lending brokerage company to the effect that “A bank account may be loaned up to KRW 11 million,00,000,000 from a member of the telephone financial fraud (so-called “Sishing”) named as an employee of the lending brokerage company,” and accepted the proposal to the effect that “A bank account shall be opened to obtain a loan of KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000 won.”

Since then, on February 20, 2020, the Defendant misrepresented C staff D at a place not suitable for a loan, and made a false statement to the victim E, to the effect that “A loan may be made up to a maximum of KRW 70 million with a low interest rate of 3.2% and a loan may be made available for repayment of the existing loan.”

However, the above-mentioned person was not C employee, and even if he received money from the above victim as the repayment of the existing loan, he did not have the intention or ability to make the loan.

Nevertheless, on February 21, 2020, the above person under whose name the victim was accused of the above victim, and then, from then to February 24, 2020, he received the total of KRW 48370,000 from two victims as shown in the annexed crime list from around 09:43 to February 24, 202, the sum of KRW 90,0370,000 from two victims, as shown in the annexed crime list, around 17:05 on the same day, and around 10:16 on February 22, 2020, the above person under whose name the victim was accused of the above victim's total of KRW 12 million to the same account at around 12:10 on the same day.

In the process, on December 5, 2019, the Defendant already received a summary order of KRW 2 million from the Busan District Court due to a violation of the Electronic Financial Transactions Act, etc., and on February 5, 2020, the Defendant requested another loan broker to provide a e-mail card from another loan broker, and the relevant company is normal to the Financial Supervisory Service.

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