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(영문) 의정부지방법원 2019.03.20 2018고단5253

사기방조

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On June 19, 2018, the Defendant received a request from a person who was aware of the fact in connection with a request for a loan at an unspecified place, to “a certain amount of money will be deposited into an account under the name of the Defendant. To withdraw that money and deliver it to us,” and tried to deliver that money.

On June 25, 2018, when there is no intention or ability to provide a loan at an unsound place, the person in poor name refers to the victim B, “A bank D. D. New Loan interest rate of 2.85%, and there may be a high degree of transaction performance, and thus, he/she may deposit a certain amount with the notified account.” On June 27, 2018, the victim was urged to account transfer 20,000 won to a corporate bank account (Account Number E) in the name of the defendant, thereby deceiving the victim and obtaining financial benefits, and on the same day, transferred the account to account transfer KRW 7,590,000 to the corporate bank account under the name of the defendant in the name of the defendant.

On June 27, 2018, the Defendant released KRW 27,590,00, which was deposited into the Defendant’s corporate bank account in Nowon-gu, Seoul Special Metropolitan City, with the knowledge that the said money was illegally acquired, and delivered it to the Defendant’s corporate bank account in order to assist the Defendant’s act of fraud upon the request of the person who has not received the name.

As a result, the defendant aided and aided the act of fraud of a person who has not received his name.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Attachment: Application of Acts and subordinate statutes on bank response data;

1. Relevant Article 347(1) and Article 32(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. The role of the so-called “passing” as the reason for sentencing under Articles 32(2) and 55(1)3 of the Criminal Act, such as the instant crime, is to complete the singishing crime.