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(영문) 광주지방법원 순천지원 2017.08.11 2017고단912

사기방조

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 23, 2016, when a location cannot be known, the Minister of Finance and Economy made a false call to the victim B and made a false statement to the Financial Supervisory Service account to the effect that “The Seoul Central District District Investigation C Team D investigator of the high-tech criminal investigation, Seoul Central District Office, and one bank and the Nonghyup Bank account were used in the name of the party to the loan fraud, which is known to the public.

However, in fact, the person who was not the prosecutorial investigator was not the victim, and there was no fact that the account in the victim's name was used for the crime of loan fraud, and even if the victim transferred money, he did not have the intent or ability to return it again.

At around 12:06 of the same day from the person who was accused of the victim as above, he/she shall receive 20 million won from the Gwangju Bank account (Account Number: E) in the name of the defendant and shall obtain money from the victim.

On the same day, the Defendant, at around 12:37, withdrawn 5 million won deposited from the office office of Gwangju Bank located in the Nam-gu Seoul Metropolitan City, Nam-gu, Gwangju Metropolitan City to the above Gwangju Bank account, withdrawn 6 million won from the automatic cash withdrawal machine next thereto, and then delivered the paths to the name singinginginging staff, and transferred 8 million won, less than 1 million won, to the Nonghyup Bank account (Account Number: G) account in the name of F, which was notified by the winners of additional names at around 14:07 on the same day.

As a result, the Defendant aided and abetted the crime of fraud of a person who has not been killed in name, by facilitating the criminal act of deceiving the victim to acquire property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the statutes on dialogue details

1. Relevant provisions of the Criminal Act and Articles 347(1) and 32(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. The case in which the defendant was involved in the reasons for sentencing under Article 62(1) of the Criminal Act.