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(영문) 서울북부지방법원 2020.02.13 2019고단5407

사기방조

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Judgment of the court below] On October 1, 2019, the court below made a false statement to the effect that "The person who was named as the foundation of the singishing organization assumes the employees of the C.C. by calls from the victim B at a non-place, and "the repayment of existing loans will lead to a substitute loan at a low interest rate."

However, even if the victim redeems the existing loan, there was no intention to make a low interest rate repayment loan.

Nevertheless, the above-mentioned person was transferred 20 million won from the victim to the bank account (E) in the name of the defendant on the same day.

【Criminal Facts】 From September 1, 2019 to October 1, 2019, the Defendant received a proposal from the above person under whose name he/she was unable to perform his/her financial transaction performance to “to open a thesis passbook which is to be opened by accumulating financial transaction records, and to deliver it to the person who withdraws and instructs the deposit.”

Although the Defendant anticipated that such an act may constitute a crime such as cryping, etc., the Defendant, at around October 14:26, 2019, sent out KRW 20 million deposited in the Defendant’s account at the Dopary branch of the bank located on the second floor of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and sent it to the Dopary officer who sent out the name in front of the branch of the Dopary branch of the bank.

As a result, the Defendant aided and abetted the criminal act of singing the name-free boxes.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. Transfer certificate;

1. Details of accounts, etc.;

1. Application of the Kakao Stockholm statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 347 (1) and 32 (1) of the Criminal Act which choose a penalty;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is highly harmful to the defendant in society.