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(영문) 광주지방법원 2020.05.14 2019고단5484

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 May 2019, the Defendant: (a) received a proposal from a person under whose name the Defendant planned to commit a crime of Bosing, “to withdraw and deliver money deposited in the Defendant’s account; and (b) received a proposal from a person under whose name the Defendant intended to commit a crime of importing and delivering deposited money; and (c) notified a person under whose name the Defendant was named, of the bank account number (C) in the name of the Defendant.

On May 21, 2019, the person whose name was not the person who made a false statement to the victim D by calls to the victim D at an unsound place on May 21, 2019, and "the public prosecutor E of the Daegu District Public Prosecutor's Office, and the FF Bank and G bank one account was opened in the name of the party and used for the crime. It is necessary to verify the relationship of the crime. If all the money remaining in the current account is transferred to the Financial Supervisory Service, it will be returned after confirming the relationship of the crime after 1 to 2 hours." However, although the person who was false in fact was not the person concerned with the investigation agency, such as the public prosecutor, the victim's account was not used for the crime, and the victim's transfer of money

On May 21, 2019, the Defendant received KRW 20 million from the victim D to the above B bank account under the name of the Defendant, and withdrawn it and delivered it to the person designated by the winners of name.

Accordingly, the defendant provided an account number with knowledge of the fact that he committed the crime of fraud, and aided and abetted the crime of fraud of the above person who received no name, by withdrawing and delivering the deposited money to the person who received no name.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the interrogation records of the accused by the prosecution;

1. Each police statement made to D and H;

1. Application of Acts and subordinate statutes on the return of financial transaction information and details of account transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Articles 32(2) and 55 of the Criminal Act for aiding and abetting mitigation.