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(영문) 인천지방법원 2018.05.31 2018고단1852
사기방조
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal history] On July 20, 2016, the Defendant was sentenced to six months of imprisonment for special larceny by the Incheon District Court, and completed the execution of the sentence on September 29, 2016.

On November 17, 2017, the Defendant was sentenced to six months of imprisonment due to a violation of road traffic law by the same court on November 17, 2017, and the judgment became final and conclusive on November 23, 2017.

[2] The Defendant was aware of the fact that the account of the Defendant was used for the crime of fraud since he was charged with the violation of the Electronic Financial Transactions Act and received an investigation, and thus, the Defendant knew that the account would be used for the crime of fraud. However, the Defendant knew of the fact that the account was used for the crime of fraud, and neglected to inform the nameless person of the information on the account in the name of the Defendant. The Defendant

On September 15, 2017, the Defendant sent a new bank account number (C) in the name of the Defendant to the person in distress of his/her name, and on September 15, 2017, the Defendant made a false statement to the effect that “I would create a Maspbook and would have the lending company receive a loan if the credit rating is high by immediately repaying the lending company after obtaining the loan from the lending company.”

However, in fact, since the non-person was a member of the Bosing Organization, even if the victim remitted the money, he did not have the intention or ability to lend the money to the victim as the operating fund of the Bosing Organization.

Nevertheless, as above, a person who was unaware of name had the victim deceiving the victim, and caused the victim to remit 12 million won to a new bank account under the name of the defendant around the 27th of the same month, and the defendant withdrawn it from the new bank account of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, at around 10:49 on the same day, and delivered it to the victim who was unaware of name.

Accordingly, the Defendant, as seen above, facilitates the fraud of a person without a name, by allowing a person with no name, who committed the crime of fraud to use his account under the name of the Defendant.

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