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(영문) 수원지방법원 2017.03.24 2017고합36

사기방조

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years for a violation of the Electronic Financial Transactions Act at the Seoul Northern District Court on July 16, 2015, and the judgment became final and conclusive on the 24th of the same month and is still under the suspended sentence.

[2] On July 21, 2016, a person whose name was not the victim’s name was not the victim of the crime by phone call to the victim D (the victim 26 years of age) on July 21, 2016, and by having the victim inform the victim of the new bank account (E) in the name of the defendant and transfer KRW 20 million to the above account by the following: (a) “The investigator of the prosecution office is the investigator of the prosecution office; (b) seize the passbook in the process of habitual gambling investigation; and (c) transfer the passbook in order to verify whether the victim is the victim.”

On July 20, 2016, the Defendant heard the remarks of the Defendant’s name in favor of the Defendant to withdraw the money deposited with the account, and notified the account number of the victim in favor of his/her name, withdraws the amount of damage deposited with the said account and deliver it to the victim in favor of his/her name. On July 21, 2016, the Defendant concluded that “the amount of money deposited with the account is the price of goods” to the employees of the bank located with the location of the Defendant at the same store of a new bank in Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, and then released KRW 18 million from the nearby name, and then delivered it to the victim in favor of his/her name.

Accordingly, a person who is not aware of the victim's 20 million won by deceiving the victim, and the defendant knew the fact that the above person was committing the phishing crime by deceiving the victim, while recognizing that the above person was the victim of the phishing crime, he withdrawn cash and delivered it to the person who was not aware of the above, thereby making it easier to commit the crime of fraud of the person who was not killed in name.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the police officers and prosecutor's office records on the defendant's interrogation (including SNS messages attached to the police interrogation protocol (125 pages of investigation records);

1. Statement made by the police against the victim;

1. Request for cooperation in investigation (ctv materials);

1. A previous conviction: a written inquiry, and a written reply.