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(영문) 수원지방법원 평택지원 2019.07.11 2019고단100

사기방조

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 July 27, 2017, the Defendant was subject to a disposition of incompetence of evidence against the alleged violation of the Electronic Financial Transactions Act at the Suwon District Prosecutors’ Office, and on June 27, 2018, the Defendant was well aware of the Defendant’s bank account was investigated by several investigative agencies on several occasions, such as being subject to the same disposition as to the alleged violation of the Electronic Financial Transactions Act at the office of the Suwon District Prosecutors’ Office.

Nevertheless, around July 26, 2018, the Defendant received a proposal from a name-free person who misrepresented the lending company to get a work loan by manipulating the transaction performance, and then accepted it.

On the same day, an employee in charge of fraud in the name of the victim B made a false call to the victim B, and received a total of KRW 14 million from 13:14 to 7 million on the same day from the victim, and from 13:16 to 7 million on the same day, he/she received a transfer of KRW 14 million to Cbank D account in the name of the defendant, respectively.

In accordance with the above order of the person who was not entitled to the above name, the Defendant attempted to withdraw the above KRW 14 million and deliver his name to the person who was not entitled to the payment of the Defendant’s account at the point south of the C Bank in Pyeongtaek-si, at around 14:00 on the same day, that “the person must lend or withdraw the purchase fund of the house” to the employees of the said C Bank. However, the Defendant did not withdraw from the wind where the account was suspended.

As a result, the defendant aided and abetted the crime of a person without a name.

As long as the defendant has strengthened the resolution for committing the crime of a person who has no name by withdrawing and waiting in advance to deliver the money according to the instructions so that the person who is the principal offender may take part in the specific action, the defendant shall have strengthened the resolution.