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(영문) 수원지방법원 2017.05.10 2016고단3259

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 19, 2015, the Defendant offered No. 3200,000 won per month to the Defendant’s account from a person without his name, who was in need of a deposit account for operating a private horse, with the prior payment of the passbook loaned. The Defendant offered No. 3,20,000 won per month to the Defendant’s account in the counter, even though he was aware of the fact that he was willing to use the Defendant’s account in order to handle illegal money, such as a crime of telephone fraud.

On October 19, 2015, an employee in charge of telephone financing fraud refers to 08:51 on the phone of the victim D and 08:50,000 won from the victim D's mobile phone to be the Seoul Central District Examination E in order to prevent financial crimes. The victim's account was received in connection with the fraud case. The victim's account was connected to the fraud case, so it refers to the prosecutor in charge and the call in charge. The non-nameless employee who misrepresented the inspection refers to the amount of KRW 15 million from the Defendant's account as he needs for investigation. As such, he was remitted from the victim.

In order to assist the above member of the telephone financial fraud organization in committing the above fraud, the defendant withdrawn 9 million won from the above account under the name of the defendant at one point in Ansan-si, the NAyang-si, in accordance with the direction of the person who was not killed in the name of the defendant, and deliver the name in the atmosphere to the person who was in the atmosphere outside of the bank, and continuously withdrawn 6 million won from the inside and outside of the bank, and deliver it to the person who was in the name of the defendant, so as to facilitate the fraud of the person who was in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Receipt of deposits, replys to financial inquiries, requests for provision of video materials (ctv) and the application of answer statutes;

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) and Article 55(1) of the Criminal Act for mitigation of assistance.