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(영문) 의정부지방법원 2019.06.21 2019고단961

사기방조

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 27, 2018, the Defendant accepted the proposal that “A loan may be made at a low interest rate if I wish to do so. I will withdraw and deliver money deposited in the bank account of Irrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrhrhrhrhrhrhrhr

The defendant, while knowing that the amount remitted by the victims to the defendant's account is deposited in the defendant's account by committing a crime of the above-mentioned and pseudonyming method, he received the above money from the above-mentioned persons at the time of withdrawal.

On August 3, 2018, the above person who was unaware of name made a false statement to the effect that "it is possible to make a loan to 32,000,000 won with a low interest rate when he/she has paid an existing loan by telephone to the victim D," and let the victim send the money as the repayment of the existing loan.

However, the above-mentioned person did not have the intention or ability to get the loan to the victim.

On August 3, 2018, the above person under whose name the victim was accused of, and caused the victim to remit the sum of KRW 10,300,000 to the account in the name of the defendant C (E) in the name of the defendant on two occasions from August 3, 2018.

At around 15:00 on August 3, 2018, the Defendant, even though he was aware of the remittance of the above money to the Defendant’s account under the above Bophishing method, was contacted to withdraw the money from the above person under the pretext of his name. On August 3, 2018, the Defendant withdrawn KRW 16,000,000, including the above KRW 10,300,000, at the branch office located in Guri-si, and gave it to the person under whose name the above was designated by the said person under his name.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on investigation;

1. Application of Acts and subordinate statutes on warrant correspondence data;

1. Relevant Article 347 (1) and Article 32 (1) of the Criminal Act and Articles 347 (1) and 32 (1) of the Criminal Act concerning the crime;