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(영문) 대구지방법원 서부지원 2016.12.01 2016고단2063

사기방조

Text

A defendant shall be punished by imprisonment for four 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 April 2016, the Defendant: (a) received a proposal from a person who was absent from his name to “to lend money in the name of KRW 15 million to an unspecified victim without any security if known the account number; (b) notified the person who was absent from his name that he received money from another account in the name of another person, which he had been secured in advance by making a false statement, such as a loan, from the victims; (c) notified the account number of the passbook in the name of the Defendant to the person who was absent from his name; and (d) had the person who was unable to obtain the money deposited in the account, and had the person who was unable to obtain the money, wired his intent to commit the crime of

On April 28, 2016, the name-freeist paid 100,000 won by telephone to the victim B, “SC Savings Bank C agent, and all kinds of fees to loan KRW 10,000,000,000,000,” and then, he received 100,000 won from the victim to the Agricultural Cooperative (D) account in the name of the defendant on the same day, and let the defendant withdraw the amount of damage from the above account and transfer it to another designated account.

On April 2016, the Defendant, in order to assist the defrauded by deceptioning KRW 100,000,000, notified the account number of the said agricultural bank account to the person who was named in his/her phone, and deposited KRW 100,000 of the damage deposited in the Defendant’s agricultural bank account from a community credit cooperative ATM located in Daegu Frandong on April 28, 2016 to the Defendant’s agricultural bank account.

Accordingly, the defendant, by facilitating the fraud of the above-mentioned person, assisted the crime.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of damage B;

1. An investigation report (Attachment to a suspect A account transaction statement);

1. Application of Acts and subordinate statutes of transfer receipt;

1. Relevant Articles 347(1) and 32 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 Criminal Act, the suspension of execution;