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(영문) 대구지방법원 2017.10.17 2017고단4622

사기방조

Text

A defendant shall be punished by imprisonment for 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 October 27, 2016, the Defendant received a text message from a person under his/her name to invite him/her to make cash withdrawals on behalf of a bank, by pretending to make cash withdrawals on behalf of him/her, and, if a person under his/her name money transfers money to a designated account by deceiving a large number of unspecified victims by telephone, or transfers money to a designated account with information on electronic financial transactions, the Defendant agreed to receive 5% of the cash directly withdrawn under his/her name while having him/her take charge of directly withdrawing the amount of damage, and deliver the remainder to another accomplice under his/her name.

On October 28, 2016, the Defendant: (a) at the Daegu-gu Daegu-gu Financial Center, Daegu-gu, Daegu-gu, 2125, and (b) at the 2125 Daegu-gu Financial Center; (c) at the 11:38 Daegu-gu, Daegu-gu Financial Center, the Defendant, by deceiving the victim B into several methods, that “if he deposits deposit money and guarantee premium, he would make a loan by issuing a Maspbook;” and (d) remitted KRW 15.2 million out of KRW 5.6 million to the Defendant’s new bank account (C) and instructed the Defendant to withdraw cash and deliver it to his accomplice; and (e) the Defendant withdrawn KRW 15 million in cash from the bank counter to the bank counter to the bank counter to the bank counter to deliver it to the Defendant under the direction of the unspacted person

Accordingly, the Defendant, by withdrawing the amount of damage caused by phishing and delivering it to another accomplice, helps facilitate the fraud of a person who was not killed in name.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes on the message of the recipient A mobile phone text and Stockholm content, copies of passbook cover, and details of transactions;

1. Article 347 (1) and Article 32 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 347 (1) and 32 (1) of the Criminal Act (elective 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 sentencing of Article 62(1) of the Criminal Act is based on suspended execution.