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(영문) 대구지방법원 안동지원 2019.03.22 2018고단534

사기방조

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On March 29, 2018, an employee of the Singishing Mediation Division made a call to the victim B and acquired the loan from the victim B, “A bank, which is a bank with a low interest rate, obtains a loan at a place that connects the loan at a low interest rate and makes a repayment of the loan to the account in which it is notified at home again, and the money is returned to the account.” On April 2, 2018, the employee acquired the loan by deceiving the victim to transfer the amount of eight million won to the corporate bank account (Serial number: D) in the name of the Defendant.”

Although the Defendant knew that the money deposited into the company bank account in the name of the Defendant was not the money normally acquired, such as the crime of Bosing fraud, on April 2, 2018, the Defendant aided and abetted the Defendant to commit the crime by facilitating the commission of the employees of Bosing in name by withdrawing KRW 8 million from the location of the company bank located in Gangdong-gu Seoul, Gangdong-gu, Seoul, and delivering it to the name-free cash collection books prior to the said bank.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

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

1. Relevant Article 347(1) and Article 32(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria shall not apply to aiding and abetting the application of the sentencing criteria.

2. The so-called “scaming” crime that the Defendant aided and aided the decision-making of sentence is an organized and planned crime by deceiving money to an unspecified number of victims, and has great social harm.

The Defendant provided an account to be used for the criminal act of Bosing, withdrawn the money transferred to the account, and delivered it to the Bosing staff, thereby facilitating the crime.

The Defendant was under investigation due to a violation of the Electronic Financial Transactions Act with respect to the lending of the means of access, and is under suspension of execution due to fraud.