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(영문) 수원지방법원 2017.10.27 2017노4774

사기방조

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal 1) The Defendant thought that the Defendant was a remittance for saving the company’s tax saving of the block toys, and withdrawn the money deposited into the Defendant’s account under the name of the Defendant and did not have any awareness that the Defendant would facilitate the phishing crime by a person whose name is unknown as indicated in each of the facts charged in the instant case.

2) The sentence of the lower court (one year of imprisonment with prison labor, four months of suspended execution, one year of suspended execution) is too unreasonable.

2. Determination 1) The Defendant made the same assertion in the lower court regarding the Defendant’s assertion of mistake of facts.

The lower court, on the following grounds, was aware that at the time of the instant case, the Defendant was aware that he would facilitate the commission of a singishing crime by a person who is not aware of the dolus

The decision was determined.

① The Defendant stated that 4% of the withdrawn amount would be paid as commission due to tax issues, and received a text message of arbrate solicitation, which provides for the payment of 4% of the withdrawn amount as commission, and that arbly paid 4% of the withdrawn amount by simply lending an account would be excessive for labor.

(2) All of the money transferred to an account by a defendant is transferred in the name of an individual, and is irrelevant to any previous offense.

③ Since the Defendant received money from the account on the day of the instant case and withdrawn money in cash, there is sufficient circumstance to see the existence of the company and the method of remittance.

④ The entire our society has already widely known the fact that another person’s account, i.e., the passbook, is naturally used for the crime of Bosing, and the transfer of the account is punished.

In addition, it was known that the defendant Indian investigative agency was able to be punished for transfer of the account.

was stated.

⑤ 피고인은 수사기관에서 “ 돈을 인출하면서 찝찝한 마음은 있었습니다.

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