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(영문) 서울중앙지방법원 2016.11.30 2016고정1316

사기방조

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

From September 2012 to April 2015, the Defendant was investigated by the police several times as a witness of the crime of “wishing” in relation to the withdrawal of the amount of damage caused by loan fraud, and the borrowing of the cell phone name used for loan fraud. Thus, the Defendant was well aware that the copy of the passbook, identification card, etc. provided by himself was used for the crime of “wishing”.

Nevertheless, on November 3, 2015, the Defendant sent a copy of the identification card, a copy of the passbook in the name of the Defendant, a copy of the passbook in the name of the Defendant, a monthly transaction statement in the main transaction account, and a copy of the resident registration card by facsimile at a non-defacing place, and sent the copy of the passbook in the name of the Defendant’s bank account (Account Number: C) to the above non-defacing party.

On November 11, 2015, the person who was named in the name of the victim made a phone call to the victim D at an unsound place, and the victim guaranteed that he/she lent KRW 45 million to the company bank account under the name of the defendant on the same day, and he/she guaranteed that he/she guaranteed that he/she had fled because he/she had not repaid the money. Since F does not have repaid the money, he/she was taking out the guarantee; if he/she did not know that he/she would have any money, he/she would deposit the money to the bank account notified that he/she would have to do so, he/she had the victim wired KRW 14.8 million to the company bank account under the name of the defendant on the same day.

At around 12:19 of the same day, the Defendant: (a) withdrawn the sum of KRW 10 million deposited in the company bank account at the closing route of the company bank located in Jongno-gu Seoul, Jongno-gu, 104; and (b) around 14:23 of the same day, the amount of KRW 14.8 million deposited in the company bank account at the company bank KT branch located in Jongno-gu, Seoul, Jongno-gu, Seoul, and KRW 4.8 million deposited in the company bank account at the company bank account at the 178-type, Jongno-gu, Jongno-gu.

In this respect, the defendant provided a copy of the passbook to a person who is unaware of the fact that he commits a fraud, and for the purpose of a person who is unaware of the money obtained by fraud.