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(영문) 의정부지방법원고양지원 2020.09.25 2020고정346

사기방조

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

When the Defendant was aware of a loan due to low credit in a general financial institution, the Defendant promised to obtain a loan of 3 million won from the person who was unaware of the name of the organization that caused the Defendant to misrepresentate the capital, and notified the account number of the B Bank Account (C) in the name of the Defendant to the person who was unaware of the name, and, when the money was deposited, the Defendant was willing to withdraw it and deliver it to the person who was designated by the person who was not entitled

Accordingly, around February 15, 2019, the defendant provided the above account number in the name of the defendant to the person who is not in the name of the defendant. On February 14, 2019, the name in the name in the name in the name in the name of the defendant, who was transferred the check card from the defendant, called the victim D (n'e, 51 years of age) by telephone to the victim D, and called the "it is possible to lend a low interest rate if he redeems a part of the loan already received," and then he obtained the money from the victim to the above account in the name of the defendant at least 13:40 on the same day.

The Defendant, from 14:17 to 14:19 on the same day, deposited the above 4 million won deposited by the victim at the G sales store ATM market located in Seoyang-gu, Seoyang-gu, Gyeonggi-gu, BF on a total of four occasions, and delivered the same day to the sender on the front day of the withdrawal No. 60 and No. 3 of the same 18:00 on the same day.

Accordingly, even though the Defendant, as seen above, knew the victim of the so-called fraud, aided and abetted the above fraud by facilitating the above fraud by providing the account number in the name of the accused to the victim, withdrawing and conveying the damaged amount.

Summary of Evidence

1. Application of Acts and subordinate statutes on deposit details of victims of police statements D in the defendant's legal statement;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 32 (1) of the Criminal Act concerning the choice of criminal facts;

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.