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(영문) 수원지방법원 성남지원 2018.07.19 2018고단1197
사기방조
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Upon receipt of a proposal from the Defendant, the Defendant, by telephone, proposed that he will pay 10% of the face-to-face deposit amount to our employees, by sending the money deposited in the new passbook to our employees.

However, around August 13, 2013, the Defendant transferred e-mail cards, etc. connected to the post office account (B) under the name of the Defendant to a third party. On January 28, 2014, the Defendant was punished by a fine of KRW 1,50,000,000 by the Seoul Western District Court for the violation of the Electronic Financial Transactions Act.

Therefore, although the defendant could sufficiently doubt or suspect that the money deposited in the account under the name of the defendant was not money normally deposited through the crime of Bosing, etc., the defendant raised money deposited in the account under the name of the defendant according to the order of the above person without the name to withdraw and deliver it in cash.

On August 14, 2017, the Defendant was transferred 26.8 million won to the Saemaul Treasury Account in the name of the Defendant on August 17, 2017, to the effect that “In order to make loans available at low interest rates, the Defendant was sent 26.4 million won from the Saemaul Treasury Account in the name of the Defendant at around August 17, 2017.” On the same day, the Defendant had the Defendant withdraw 26.4 million won from the Saemaul Treasury Account in the name of the Defendant and sent 2.6.4 million won from the said Saemaul Treasury Account to the others, and the Defendant received 5.3 million won in total from the Defendant’s account in the name of the Defendant and sent 3.5 million won in total for three occasions, as indicated in the list of crimes.

Accordingly, the defendant provides account numbers, withdrawss, and transfers them as above.

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