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(영문) 부산지방법원 동부지원 2019.07.10 2018고단2482
사기방조
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 11, 2018, the name-freeist made a false statement that "A loan may be made by posting a telephone to the victim B. It would be possible to grant a loan to the victim B. When repaying high interest loans, I would like to give a low interest rate substitute loan."

However, in fact, the person who was unaware of the name was planning to commit the so-called Bosing Telecommunications Fraud, and did not have the intent or ability to allow the victim to borrow a substitute loan.

On June 11, 2018, on the part of the victim, at around 10:58 on June 11, 2018, the person under whose name the victim was named shall receive KRW 12 million from the D Bank account (E) in the name of the defendant, KRW 10 million in the G account in the name of F (H) around 12:40 on the same day, KRW 10 million in the name of F (H) on June 15, 2018, KRW 25 million in the J Bank account in the name of I (K) on June 15, 2018, and KRW 12:44 on the same day, and shall receive KRW 25 million in the aggregate from the victim to the G account in the name of L (M).

On June 11, 2018, the Defendant made a false statement to the effect that he would withdraw the money deposited in the account under the Defendant’s name-based d bank account at the d bank store near the Dongdaemun-gu Seoul Metropolitan Government Establishment Eastdong of the D bank, by telephone from his name-free persons, while waiting to meet and waiting the members. At around 13:39 on the same day, the Defendant sent KRW 1 million out of 12 million deposited in the D bank account under the Defendant’s name to N (O) account, which is the Defendant’s seat, and continuously moved out of KRW 110 million to a nearby J bank, and then exchange the said check with KRW 11 million in cash on the same day, and assist the Defendant to deliver the money to the Defendant’s name-free employees at the Dong branch of the D bank at the d bank established in the Dongdaemun-gu Seoul Metropolitan City on the same day by means of the name-free 1,100,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The police of the defendant.

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