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(영문) 수원지방법원 안산지원 2019.08.29 2019고단987

사기방조

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 13, 2018, the name unexploited person, who was named and unexploited as the premise of the sub-disploiting organization of the persons who were named and unexploited, made a false statement to the victim B, stating, “I will be the staff of the C Bank. I will be able to grant a loan to the Government. I will, however, transfer to the designated account in order to verify your credit rating and ability to repay.”

However, there was no intention or ability to execute a loan of government-funded funds because of the misrepresentation of a financial company and the perception that the above money was transferred from the victim to the Do bank account (Account Number E) under the name of the defendant.

Nevertheless, the person under whose name the victim was accused of the victim as above and was transferred to the above D bank account in the name of the defendant around December 13, 2018, the sum of KRW 1,838,000 from the victim.

2. On December 12, 2018, the Defendant, while committing the crime of aiding and abetting and abetting the morale of a person without a name, by withdrawing KRW 1,00,00 from a DNA bank located in the Sinsan-si, Ansan-si, Seoul, in order to assist the said fraud of the person without a name, even though he/she was aware that the number of account numbers in the name of the Defendant was notified to the person with no name and that the said account was used for the crime of Bophishing, and by facilitating the commission of the crime by withdrawing KRW 7,40,00 from the DNA bank located in the Sinsan-si, Ansan-si, at around 13:33 of the same day, to a person designated by the person with no name, by facilitating the commission of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on B and financial transactions attached thereto;

1. Application for partnership transactions and the details of entry and departure transactions attached to a warrant for search, seizure, and verification;

1. Relevant Article 347(1) and Article 32(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Articles 32 (2) and 55 (1) 3 of the Criminal Act to be legally mitigated;

1. The Criminal Act, the suspension of execution;