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(영문) 서울동부지방법원 2017.07.05 2017고단662

사기방조

Text

The defendant shall be innocent.

Reasons

On October 27, 2016, the Defendant withdraws the money deposited by the customer to reduce the transaction of taxable subject to taxation from a person who is not named in the name of the Defendant, and delivers the money to the employee, 5% of the withdrawal amount, to the employees.

In receiving the proposal, “A person under whose name the account he or she was aware that he or she was “to use his or her account to deal with money illegally acquired, such as a telephone fraud,” but he or she provided his or her nameless account with (C).

On October 31, 2016, a member of Bosing Financial Fraud (hereinafter referred to as " Bosing Financial Fraud") calls to the victim D in a place where it is impossible to know the location of around October 31, 2016 and transfers money to repay the existing loan, the existing loan will proceed with a new loan at a low interest rate by repaying the loan limit and raising the loan limit.

‘Falsely speaking, it was transferred from the injured party 1,740,000 won to the Korean Stackd Account (C) in the name of the accused on the same day.

Around October 31, 2017, the Defendant: (a) voluntarily withdrawn KRW 11 million out of the money remitted by the damaged from the injured party at the point of the station in the Gun of the Republic of Korea; (b) the Defendant 14:37 on October 31, 2017, in order to assist the said personnel in committing the above fraud; and (c) the Defendant 14:37 on October 31, 2017, sent the money to the employees of the scaming operation.

Accordingly, the defendant, by facilitating the fraud of a person without a name, has prevented it.

Judgment

1. The defendant and his defense counsel did not recognize that they were involved in the so-called “singing” crime at the time of the act, which is a subjective constituent element, so they did not mean that they were innocent without intention.

The provisions of the Criminal Code relating to the instant case are as follows.

Act performed through ignorance of the facts which comprise the constituent elements of the crime under Article 13 shall not be punishable.

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