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(영문) 대구지방법원 2016.07.22 2015노1194

사기방조등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. When the ex officio judgment prosecutor made an application for permission for modification of an indictment with the content of the amendment as stated in Paragraph 2 below among the facts charged in the instant case, and since this court permitted it, the judgment of the court below was no longer maintained.

The revised charge was known that the Defendant was used for the crime of this fraud through the ordinary news, and the Defendant attempted to sell the passbook in the mind that the employee of the Defendant’s company, who sent the passbook through Kwikset service, was aware that the account would be used for the crime of fraud, even though he was aware that the account would be used for the crime of fraud.

The Defendant transferred the cash cards connected to the above agricultural bank passbook and account in the name of the Defendant at the date, time, place, and place under paragraph (1) to a person whose name is unknown, as described in paragraph (1).

On February 26, 2014, a person whose name is unknown refers to the Korean National Police Agency D and E, which called “A” to the victim C, and in order to not get out of money in a bank, the Internet banking was received, and the national bank deposit was transferred to the agricultural bank passbook, which was protected, and the victim was remitted KRW 4,50,000 in total to the above agricultural bank account in the name of the defendant, five times from the victim.

As a result, the Defendant committed an offense, such as aiding and abetting a person whose name is unknown to be given a total of KRW 4,550,00,00, by selling the agricultural bank account under the name of the Defendant, to a person whose name is unknown, with knowledge that he/she would use the passbook sold by the Defendant for fraud.