beta
(영문) 광주지방법원 순천지원 2019.05.01 2019고단10

사기방조

Text

A defendant shall be punished by imprisonment for four 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

After misrepresenting a financial institution, etc. and receiving money from a victim to an account under the name of the defendant, the person in poor name had the defendant withdraw the transferred money in cash and have the defendant receive it.

On July 2018, the Defendant received the call from a person who was named as a police officer with low interest and sent a three-month transaction statement and identification card to him/her, and sent B bank account (C) passbook and identification card to the person who was named in the name of the Defendant by facsimile.

On July 17, 2018, the name-freeist person called “E loan employee F. It is possible to lend 5.6% per annum to 25 million won, and 2.0 million won per annum in the event of repayment of existing loans, and in order to increase credit balance, and in order to transfer 2 million won from the victim’s account in the name of the defendant to B bank account in the name of the defendant, and in the same way, he was transferred from the victim G to B bank account in the name of the defendant and 2.5 million won from the victim H to the defendant’s account in the same manner.

On July 24, 2018, the Defendant, upon the direction of the person who was unable to receive his name, withdrawn KRW 2 million remitted by the victim D, and KRW 2.5 million remitted by the victim G to B bank account designated by the person who was unable to receive his/her name, and remitted it to B bank account designated by the person who was unable to receive his/her name. The Defendant, out of KRW 990,000 remitted by the victim H, intended to withdraw KRW 9,50,000,000 to the said B bank account designated by the person who was unable to receive his/her name, but failed to transfer it to the said B

Accordingly, the Defendant made it easy for the Defendant to commit the fraud of a person who was unaware of his name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A certificate of transfer, a certificate of closure of J conversations, and a deposit certificate;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 347(1) and Article 32(1) of the Criminal Act, the applicable provision of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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