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(영문) 광주지방법원 순천지원 2019.05.31 2019고단575

사기방조

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 4, 2018, the Defendant received a loan consultation from a person who has no personal identity from a mobile phone name, and then received a statement from a person who has no personal name, and notified a person who has no personal name of the Defendant of the bank account (C) and then deposited money into the same account by the victim D of Bophishing to withdraw it.

Defendant’s Month

6. At around 09:53, D deposited 25 million won in the same account at the credit limit point of B Bank in E, a 00,000 won, in accordance with the direction of a person who has failed to indicate his name, deposited 100,000 won in cash after depositing 5,90,000 won in another B Bank account in the name of the Defendant, and then re-transfer 4,119,000 won including 19,000 won in cash owned by the Defendant to the previous B Bank account in the name of G (H) and then 4,00,000 won excluding 19,000 won in cash and 10,000 won in taxi, etc.; the remaining 1,50,000 won in cash and 9,500,000 won in total were deposited in the name of two parties prior to the exchange of 50,000 won in cash from B Bank in Yangyang City.

As a result, the Defendant withdrawn the amount of damage from scam which was deposited into the account in the name of the Defendant, and aided and abetted the act of fraud of the scams in the name of the accused.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Application of the provisions of the Acts and subordinate statutes concerning the transfer certificate, the contents of the J dialogue with D in their names, customer information, the details of each transaction, the details of the J dialogue with A in their names, and the details of the J dialogue with G in order

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. Articles 32 (2) and 55 (1) 3 of the Criminal Act to be mitigated legally;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is done by the defendant.