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(영문) 의정부지방법원 고양지원 2020.05.07 2019고단3512
사기방조
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2019, the name-dissceptist was proposed to withdraw the money deposited in the defendant's account from the above name-disscamist who misrepresented the B staff in cash and to make the money deposited in the account known to the above name-disscamist in the name of the above name-disscamist while misrepresenting the employees of financial institutions to the large number of unspecified persons. On September 2019, the name-disscamist accepted the loan and notified the name-disscamist of the number of bank account (D) in the name of the defendant.

On September 10, 2019, the name-freeist made a false statement that “The victim E is a F employee, who is an account notified that the existing loan should be repaid, in order to obtain a loan, transfer the money to the borrowed name of repayment.”

However, in fact, the above person was not a F employee, and there was no intention or ability to provide a loan to the victim.

On September 18, 2019, the above person who was unaware of the victim's name was accused of the above method and was transferred 3,000,000 won to the above Cbank account (D) in the name of the defendant around September 16, 2019.

At the time, the Defendant did not confirm whether the above person was actually engaged in the work in B, and was aware of the normal loan process in the present book with the loan received in the past. On January 22, 2019, which was eight months prior to the Non-Party, the Defendant was aware that the money deposited in the Defendant’s account was not the money normally acquired, such as criminal acts, since the bank’s check was transferred to the person under the name of the Defendant and the account linked to the above physical card was suspended due to the suspension of payment.

Nevertheless, the Defendant withdrawn KRW 3,00,000 deposited into the above C Bank account according to the instructions of the person who has not received the name card at that time and deposited the account with the account number in which the person who has not received the name card was designated.

This is the defendant.

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