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(영문) 수원지방법원 여주지원 2017.10.25 2017고단1129

사기방조

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 7, 2017, while the Defendant was aware of a loan around the end of the year, the Defendant agreed with the phone to the effect that “a bank B agent of one savings bank may grant a loan if the credit rating is high by putting in cash by using his/her own account because of low credit rating,” and that “a loan may be granted by putting up his/her credit rating by putting up his/her transaction performance.” On February 7, 2017, the Defendant, at the coffee shop located in Gangnam-gu Seoul, Gangnam-gu distribution Dong, Seoul, to take part in name and deliver a copy of the passbook’s bank account under the name of the Defendant, and to withdraw and deliver in cash the amount of damage deposited in the said account pursuant to

On February 7, 2017, at around 09:30 on February 7, 2017, one of whose names is not the victim E-Inspection of the Seoul Central District Public Prosecutor's Office;

A false statement was made to the effect that the money deposited in other accounts should be transferred to the account of A, an employee of the Financial Supervisory Service, in order to verify whether a person is a criminal suspect because his/her account was used in the crime. The victim transferred 12 million won to the account of the above company bank under the name of the defendant.

At around 14:53 on February 7, 2017, the Defendant continued to withdraw the amount of damage deposited in the company bank account from the distribution branch of the company bank in Gangnam-gu Seoul, Gangnam-gu, the distribution branch of the company bank, and put it to the account, but was arrested on the spot upon reporting by the employees of the bank.

Accordingly, the Defendant made it easy for the Defendant to commit the crime of fraud against the victims of the illegal telephone financial fraud organization.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (the result of execution of a warrant of search and inspection);

1. Article 347 (1) and Article 32 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 347 (1) and 32 (1) of the Criminal Act (elective of imprisonment);

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

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