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(영문) 대전지방법원 천안지원 2020.01.09 2019고단2202
사기미수방조
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 August 9, 2019, the so-called Singishing employee called "a request to deposit the existing loan repayment into a bank account designated in order to make a loan by repaying the existing loan of the E Bank due to a lack of credit rating for the loan, so that the credit rating can be raised," by misrepresenting the victim B by phoneing the victim B, and caused the victim to remit KRW 15 million to the F bank account in the name of the defendant on the same day.

At around 11:51 on the same day, in order to obtain a loan by accumulating the transaction performance from the above person's name, the Defendant received contact to withdraw and deliver the deposited money, and withdraws KRW 9 million from the F Bank located in Dong-gu, Dong-gu, Dong-gu, Chungcheongnam-gu, as a check. On the same day, the Defendant was unable to exchange in cash the check withdrawn with the report of the bank employees suspected of cash transactions in order to deliver the withdrawn check in cash at around 12:30 on the same day.

Accordingly, the defendant made it easy for the above staff to receive money by deceiving the victim by providing account numbers to Bosing staff.

It shall be done to the extent that it does not substantially harm the defendant's right of defense.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning B (B);

1. Details of CCTV photographs replies;

1. Application of the Acts and subordinate statutes of Boscing;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 32 (1) of the Criminal Act concerning the choice of criminal facts;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is large, that there is a history of suspended indictment against the crime of violating the Electronic Financial Transactions Act that assigned the means of access, that the total amount of damage was recovered, and other consideration of criminal records, etc.

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