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(영문) 수원지방법원 2016.10.07 2016고단3895

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 14, 2016, the Defendant withdrawn and returned the money deposited in the account under the name of the Defendant from the person who was not in the name of the Defendant. On March 14, 2016, the Defendant received a proposal from one bank that he would receive a full-time loan, and notified the account number of the Defendant to the person who was not in the name of the Defendant, with knowledge that

On March 21, 2016, at least 11:00 on March 21, 2016, the person under whose name was omitted made false statements to the effect that “The one criminal investigation team investigator of the Suwon District Public Prosecutor’s financial investigation team and the prosecutor of the Suwon District Public Prosecutor’s Office, who misrepresented the victim C, used the one handbook opened in the name of the party in the stolen case in the name of Ma residing in Gwangju District. Therefore, the balance of the accounts held was transferred to the designated account to verify whether the balance of the accounts was the criminal proceeds derived from the said case, and if so, will confirm and return it.”

However, in fact, the above person was not a person working in the investigative agency, and there was no idea to return the victim's money.

The above person under whose name the victim was accused by deceiving the victim as above and thereby, he received 80 million won from the victim to the corporate bank account under the name of the defendant twice through the remittance.

On March 21, 2016, the Defendant continued to withdraw cash and deliver it to employees, and around 11:46 March 21, 2016, the Defendant: (a) deposited KRW 40 million in cash at a 7-based corporate bank near Dongdaemun-gu Seoul Dongdaemun-gu branch office, Dongdaemun-gu, Seoul, to the above corporate bank account under the name of the Defendant; (b) deposited KRW 60,000 in cash; and (c) delivered it to the name singinginging staff accompanying the site; and (d) deposited KRW 40,000,000,000 deposited by the said victim by the same method as the new branch office of the corporate bank in Jongno-gu, Seoul at around 13:32 on the same day; and (c) made it easy to commit the crime of fraud of the name sings.