사기 등
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
(e).
Punishment of the crime
[Delivery of Offenders] On October 26, 2007, the Defendant was aware that E arbitrarily transferred the said land to F and G without the consent of the Defendant and victims and committed a crime corresponding to a fine or heavier punishment.
On July 13, 2010, the Defendant committed the above crime at a coffee shop where it is impossible to know the trade name in Ansan-si H, and delivered KRW 45 million to E in the name of the capital for flight, etc., and transferred KRW 3 million to the agricultural bank account in I under the same name as on January 13, 2010, thereby allowing the criminal to escape.
Summary of Evidence
1. Partial statement of the defendant;
1. Some statements concerning the accused concerning the suspect examination protocol of the prosecution;
1. A copy of the police statement of the defendant ( August 25, 2009)
1. The application of the transcript of recording, copy of complaint, E status of entry or departure, and the Acts and subordinate statutes of the record of June 25, 2010;
1. Article 151 (1) of the Criminal Act applicable to the crimes and Article 151 of the Election of Imprisonment;
1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (see, e.g., circumstances, means, and consequences of the crime)
1. The defendant alleged that he provided money as stated in the above criminal facts to E, but asserts that this is not an act of facilitating the escape of a criminal directly because he/she was aware of the wife of E and his/her family members as living expenses.
2. Determination
A. The crime of attempted escape is limited to the act of directly facilitating the escape or the act of directly facilitating the escape, and in order to determine which act constitutes the act of directly facilitating the escape or the act of directly facilitating the escape, considering the fact that the constituent elements of the crime of attempted escape are not standardized, it is also necessary to consider whether the defendant has been aware of the offender's wife or intent, and whether he/she has intended to conceal or flee the offender.