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(영문) 춘천지방법원강릉지원 2020.11.20 2020고단621

사기방조

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 21, 2019, when a staff member in the name light of the name light calls to a victim B at a place on the part of police officers, and assumes a false statement to the effect that “A credit inquiry council may grant a loan of KRW 30 million,000,000,000 due to low credit rating. However, it is difficult to grant a loan due to low credit rating, and when a credit rating is paid at KRW 15,00,000,000,000,000,000,000,000,000,000,000 won may be extended at the credit rating of up to 4% after the lapse of 2 or 3 days.” Accordingly, on January 21, 2019, the victim transferred KRW 12,00,000 to the account of the Association (F) in the name of the Defendant

On January 21, 2019, when the Defendant withdraws money deposited to the Defendant’s account from the said member’s employee in cash, he/she would be paid part of the money as allowances. On January 21, 2019, the Defendant withdrawn 6,000,000 won out of the amount of damage deposited to the said account in cash at around 12:55 on January 21, 2019, and then delivered the amount of damage deposited to the said account to the Defendant’s account in the same year, and then aids and abets the Defendant’s fraud by delivering the amount of KRW 5,70,000,000 that remains after 14:52 on the same day to the Plaintiff’s association prior to the Isscam delivery book.

Summary of Evidence

1. Examination of the suspect's interrogation of the defendant's partial statement;

1. Investigation report on the statement by the police on B (the CCTV images withdrawn from damage) and reply to each CCTV data;

1. The remittance statement [the defendant did not know that he was used for the crime of Bosing. However, in light of the fact that the defendant voluntarily stated in the investigative agency that "the defendant rejected the withdrawal proposal of KRW 50 million and KRW 20 million (the withdrawal proposal of KRW 20 million)" on the ground that he did not know that he was used for the crime of Bosing, it is reasonable to view that the defendant had do not have any negligence in aiding and abetting the crime of fraud. Thus, the defendant is guilty of the facts charged.]

1. Criminal facts;