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(영문) 수원지방법원 안산지원 2019.08.29 2019고단2020

사기방조

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 23, 2019, the namelightist, who was the Bosing Fraud, made a false statement to the victim B, stating that “The C employee would be a C employee. It would have a substitute loan at a low interest rate.”

However, in fact, the person who is not aware of his name had no intention or ability to provide a loan to the victim by deceiving the victim for the crime of Bophishing fraud.

Nevertheless, the person under whose name the person under whose name the victim was accused was accused of the victim, and thus, he was transferred KRW 1.5 million from the victim's account in the name of the defendant.

The Defendant, even though he was aware that it was used for the crime of Bophishing fraud in order to assist the Defendants in committing the above fraud, by facilitating the commission of the crime of fraud by withdrawing KRW 1.5 million from January 23, 2019 to the G Bank located in Busan F from January 19:21 to 19:22 of the same day, by purchasing cultural products rights in cash, and informing the persons who were designated by the winners of the PIN number of the cultural products right of the PIN number to H message.

Summary of Evidence

1. Partial statement of the defendant;

1. B written statements;

1. A certificate of deposit, a warrant of search, seizure, verification, and reply (D bank);

1. Application of Acts and subordinate statutes on the details of H dialogue between the defendant and his/her name;

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. The defendant and his defense counsel asserted on the assertion of the defendant and his defense counsel under Article 62 (1) of the Act on the Suspension of Execution, arguing that the defendant only delivered merchandise coupons by purchasing merchandise coupons, etc. as he heard the statement that a loan needs to be conducted from a person in a false name and received money deposited in the defendant's account, and that there was no awareness that the defendant did not have an intention to commit fraud.

. The above.