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(영문) 서울서부지방법원 2019.06.20 2019고단1349
사기방조
Text

A defendant shall be punished by imprisonment for not more than ten 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 November 15, 2018, the Defendant, at a closed place, called “I wish to borrow a loan from B Bank C head as the C head of the B Bank. It is possible to grant a loan to D if the Defendant paid allowances and fees to D’s land trading company, with good credit rating. It is possible to provide a loan to the company. The Defendant notified the account number, and withdraws the money equivalent to allowances and fees, and re-transfer the money.”

However, the Defendant was subject to a disposition of being investigated as a crime of fraud with respect to the loan-related Bosing crime, and even though he knew that the Defendant’s account provided for the loan-related purpose was used for the crime of Bosing, he was aware that the account provided to a person in charge of the loan could be used for the crime of Bosing, such as not verifying whether the loan-related person actually works or not.

Nevertheless, on November 15, 2018, the Defendant promised to withdraw the money deposited in the Defendant’s account from the Defendant’s name-free and then again to transfer the money to the Defendant’s employee at a non-dissing place, and notified the Defendant’s name e bank account (F). In addition, on November 20, 2018, the Defendant notified the Defendant of the additional bank account (H) in the name of the Defendant at a non-dissing place.

1. On November 20, 2018, the person who was unaware of the name of aiding and abetting fraud to the victim I told the victim I by telephone to the victim I, “I can make a substitute loan at the K representative of the J and at a low interest rate. I remitted the money to repay the existing loan.”

However, the person who is not a member of the J is not a member of the J but a victim's intent or ability to borrow money for the purpose of repayment of existing loans, and there is no intention or ability to do so.

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