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(영문) 의정부지방법원 2018.02.21 2017고단5042

사기방조

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On June 2017, the summary of the facts charged, in order to facilitate the so-called telephone financial fraud (hereinafter “ Bosing”) crime by misrepresenting the victim’s money by misrepresenting the investigative agency using personal information collected by a person in an unsound manner, the Defendant: (a) released the money deposited in the relevant account from a person in an unsound name to deliver it to a person in an irregular name and received 20% of the money deposited in consideration of the fact that he/she received contact that the money was deposited in the account through the Kakao Stockholm case; and (b) received the money deposited in consideration of the fact.

On June 19, 2017, the name influor was made by calls to victims C and misrepresenting them to the inspection of the Seoul District Public Prosecutor's Office in Seoul District Public Prosecutor's Office. "Influorial prosecution is made because there are three presidential bankbooks located in the name of the party, and the criminal abused them to put up a notice to the effect that the goods are sold in the Domarket, etc., and then the criminal suspect was a suspect.

A false statement was made to the effect that the remaining money can be used for a crime, and thus, the bank account in the name of a national bank account would be deposited into the bank account in the name of a national bank account. The victim was transferred KRW 6,100,000 to the national bank account (D) in the name of a defendant on the same day.

Accordingly, the defendant provided information to the above national bank account in the name of the defendant, and assisted the crime of fraud by allowing the victim to deposit money to the above account in the name of the defendant.

2. Determination

A. An act of aiding and abetting under the Criminal Act refers to a direct or indirect act that facilitates the commission of a principal offender with the knowledge that the principal offender is committing a crime. As such, the so-called aiding and abetting the principal offender to commit a crime and the principal offender’s intent to commit an act that constitutes an act that satisfies the requirements for organization of the principal offender. However, such intent is an in-depth fact, and thus, if the criminal defendant denies it, it is reasonable to do so in view

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