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(영문) 대구지방법원 2016.04.21 2016고단440

사기방조

Text

A defendant shall be punished by imprisonment for not more than ten 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 May 5, 2015, the Defendant: (a) sought a loan from the Defendant’s residence located in Daegu-gu, Daegu-gu B and 203 to NAV Internet site; and (b) sought the statement that “I would give money to the Defendant by calculating KRW 10 million per each page of the withdrawal of the money deposited in the account,” and (c) accepted the statement that “I would give money to the Defendant by withdrawing the money deposited in the account,” and then, (d) sent the number of account numbers under the name of the Defendant to the Nonindicted Bank in the name of the Defendant, among Daegu-gu, Daegu-gu, Daegu-dong, Daegu-dong, Daegu-dong, at around 100 on May 6, 2015, the Defendant sent the number of account numbers under the name of the Defendant to the Nonindicted Bank in the name of the Defendant, and (e) sent money deposited in the said account to the Nonindicted Bank in the name of Daegu-gu, Daegu-gu.

On May 6, 2015, at around 13:07, a name-free person made a false statement to the effect that “The head of the Tong was established in the name of DC, investigation and account tracking, and the balance of the passbook should be created in the name of 0 won, and the money incurred in the bank account of A director Daegu Bank Account (C) shall be transferred to all the balance to the bank account of A director Daegu Bank Account of the Financial Supervisory Service, and the remittance of money shall be made 40 minutes after deposit.”

However, in fact, since the person who has no name had the intention of deceiving the money from the victim by misrepresenting the investigative agency, there was no intention or ability to return the money even if he has received the money from the victim.

On May 6, 2015, by deceiving the victim as above, the victim was transferred KRW 39,890,017 to the said Daegu Bank Account under the name of the defendant around 15:29 on May 6, 2015.

After that, the Defendant listens to the speech that “The money to be deposited shall be paid KRW 5 million upon the withdrawal of the money, and shall be paid KRW 39 million upon the withdrawal of the money.” The Defendant knowingly knows that the said money is money paid within five minutes.