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(영문) 서울서부지방법원 2018.07.11 2018고단595

사기방조

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 13, 2017, the Defendant would provide a loan up to KRW 20 million to the Defendant’s account damaged by the Financial Supervisory Service’s surveillance of the Financial Supervisory Service when sending a copy, etc. of the Tong to the Defendant’s account.

“On receipt of the proposal, the account of the Defendant may be used for the purpose of Bosing “ Bosing” by referring to the Defendant’s account.

While recognizing the above, it accepted the proposal of the person without name, and sent a copy of the new bank account passbook under the name of the defendant to the person with no name.

After November 15, 2017, the above-mentioned person is the head of the F Team in Cyber Investigation Team by phone to the victim E on November 15, 2017.

The establishment of a bankbook in the name of the victim was laundry of money.

It is necessary to confirm whether money in the account has been used for crime, but we should transfer money to the account notified by us.

“Along on 15:09 on the same day from the victim, he/she was transferred KRW 18.3 million to the new bank account in the name of the defendant, and the defendant was ordered by the above person in the name of the defendant to withdraw and deliver cash on the same day and then the defendant was sent to the male who sent the above name in cash at around 17:21 and around 18:56 on the same day, he/she received the order from the above person in the name of the defendant, and then withdrawn KRW 2 million from the above 18.3 million among the above 18.3 million among the above 18.3 million won in the vicinity of the

Accordingly, the defendant was able to facilitate the act of deceiving the victim by deceiving the victim, thereby making it easier for the victim to take the property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A investigation report (a CCTV verification of CCTV at the financial center in the new bank), and a investigation report (a accompanying data submitted by a defendant);

1. Application of Acts and subordinate statutes, such as evidence of remittance;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 32 of the Criminal Act concerning the selection of criminal facts, and the choice of imprisonment;

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