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(영문) 창원지방법원 2018.04.27 2017고단4091

사기방조

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On July 10, 2017, the Defendant respondeded to the proposal that “The head of F Lending Enterprise G office, who is the head of F Lending Enterprise G office, and is paid KRW 100,000,000 per 10,000 won per day as allowances, and will provide all oil expenses, tolls, food expenses, etc.,” from the person who was unable to use his/her name with his/her cell phone from the person who was unable to use his/her cell phone from the former E office located in Chang-si, Chang-si, Seoul.”

On August 10, 2017, at the 09:41 on 09:41, 2017, an employee in charge of telephone financing fraud misrepresented the victim H to the prosecutor's division of the Seoul Central District Inspection Team and the investigator K, and used our bank established at the Masan-dong around August 2016, the head of one bank bank and the head of one bank bank were the head of one Tong, the head of one bank, N.B., the head of one bank, N.B., the head of one bank, and the head of one bank, the head of one bank, and the

In order to prove that there is no connection with a fraud crime, the deposit shall be recognized as a legal asset, and the deposit shall be transferred to a virtual account managed by the State. It shall be transferred from the victim's bank account L in the name of M to N28 million won on the same day, around 10:49 on the same day.

On August 10, 2017, the Defendant: (a) deposited and held the said money in front of the Jinju post Office located in Ansan-dong-dong-dong-si on August 10, 2017; (b) in order to deposit it into the account directed by the Red Finance Co., Ltd.; and (c) M withdraws from the said post account in possession of it.

28 million won was delivered by M and arrested the police who was dispatched to M with M's report.

Accordingly, the defendant could easily commit the crime of fraud of a person without a name.

2. Determination

A. Aiding and abetting refers to any direct and indirect act that facilitates the principal offender’s implementation with the knowledge that the principal offender is committing the crime. As such, aiding and abetting and aiding and abetting the principal offender’s implementation and that the principal offender’s act constitutes an act that satisfies the requirement of organization.

It is whether the defendant had such intention or not.