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(영문) 전주지방법원 군산지원 2017.09.01 2017고단648

사기방조

Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. On October 7, 2016, the name and influor of the organization of the organization that committed the fraud of a person without a name influorcing crime would post a telephone to the victim B at a closed place, but in misrepresenting himself to the financial staff, “to have the loan fee deposited into an account with a inside and outside of the country so that the loan may be provided.”

“Before the end of the same month, the member was transferred KRW 305,00 in the national bank account (D) in the name of C from the victim to the 19th day of the same month, KRW 1,640,00 in the new bank account (F) in the name of E, KRW 100,50 in the national bank account in the name of G, KRW 100,50 in the name of one bank account in the name of G, and KRW 1,700,000 in the first bank account in the name of one bank (J).

2. On October 19, 2016, Defendant A’s crime of aiding and abetting fraud: (a) accepted a proposal from a person in unsound name to an account designated at the time of cash withdrawal; (b) notified Defendant A of the account number in the name of Defendant A; and (c) then withdrawn KRW 1,700,000, which was transferred to one bank account from the counter of a branch office in the Si/Gun/Gu campaign, to one bank account as described in paragraph (1) on the same day; and (d) deposited the account without a passbook in the name designated by the said person.

Accordingly, the defendant could easily commit the crime of fraud of the above person without his name.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (a photograph of CCTV withdrawal paper at one bank or a CCTV withdrawal paper);

1. Application of Acts and subordinate statutes on financial transaction data;

1. Relevant Articles 347(1) and 32 of the Criminal Act concerning the crime (the crime of aiding and abetting and abetting fraud) and the choice of imprisonment (the crime of aiding and abetting and aiding fraud, even though there was a record of being sentenced to a fine of two million won for the same crime)

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the crime of the defendant is severe punishment by facilitating serious harm to society.