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(영문) 인천지방법원 2016.02.17 2015고단8378

사기방조

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 4, 2015, 10:00 on June 4, 2015, the nameless scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam

The phrase “I turn on the time of transferring all remaining money except KRW 100,000 to a virtual bank account given by the public prosecutor’s office.” The money was transferred from the victim to the national bank account (D) in the name of the Defendant on the same day.

In order to assist the Defendant in committing the above fraud, at around June 4, 2015, the Defendant withdrawn KRW 20 million out of the total amount of KRW 60 million, which was remitted from the Defendant from the Defendant at the point of sericultural of the National Bank in Songpa-gu Seoul Olympic District, 435, at around June 4, 2015, to the Defendant 13:30 of the same day, the Defendant 20,000 won out of the above KRW 60,000,000,000 to the Defendant 13:30 of the same day, the Defendant 2 assisted the Defendant 2 of the Defendant 1’s nameless scaming staff by withdrawing the remaining KRW 4,00,000 from the point of sericultural of the National Bank in Songpa-gu, Seoul, at the point of Scambling, and thereby aiding and abetting the Defendant 2 of the Defendant scaming staff.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. C’s statement;

1. The receipt for the transfer of money [the Defendant denies the instant crime, but according to the above evidence, at the time, the Defendant was in a situation where it was difficult to lend money even with the third financial rights, and a woman under the name of the immediately preceding withdrawal, who purchased a blus to listen to the content of the purchase.

요구하였고 피고인은 블루투스를 켠 상태로 은행에 들어간 사실, 피고인이 은행에 들어갈 당시 위 여자는 ‘ 은행 안에 들어가면 안된다’ 고 말하며 밖에서 기다린 사실 등이 인정되는 바, 위 인정사실에 의하면 피고인에게 사기 방조 범행에 대한 미필적 고의를 인정할 수 있다] 법령의 적용

1. Relevant Articles of the Act concerning the facts constituting the crime;