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(영문) 인천지방법원 2017.12.20 2017고단4624

사기방조

Text

A defendant shall be punished by imprisonment for not less than eight 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 January 23, 2017, the name Buddhistist shall post a telephone to the victim C at a non-permanent place and shall act on behalf of the agricultural cooperative D.

It is possible to lend the existing loan at a rate of 3% per annum, only if it is possible to repay the loan.

“The meaning of “.......”

However, in fact, since the above person was only a member of the Bosing Organization and was not an employee of a financial institution, there was no intention or ability to make a loan at a low interest rate even if he received money from the injured party as a repayment of the loan.

Nevertheless, in light of the above, the above person under whose name the victim was accused of the victim, and then transferred KRW 10 million to the Korea City Bank account (F) in E’s name at around 13:05 on the same day from the victim, and KRW 26 million to the Korea City Bank Account (G) in the name of the defendant at around 14:12 on the same day. The defendant was aware that the above person under whose name the victim was unaware was aware that he committed the phishing fraud against the victim, even though he was aware that he had caused the occurrence of the phishing fraud, 12 million won out of the damage amount deposited to the above account under the name of the defendant in accordance with the order of the person under the above name in order to assist the victim, and immediately transferred the remaining KRW 14 million to the national bank account under the name of the defendant, and then, 26 million out of the sum of KRW 14 million in cash from the above national bank account under the name of the defendant, and assisted another person who designated the above name in cash name and its name.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written statements to the Acts and subordinate statutes;

1. Article 347 (1) and Article 32 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 347 (1) and 32 (1) of the Criminal Act (elective of imprisonment);

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: Defendant’s age, sex, family relationship, family environment, and motive and motive for committing the crime.