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(영문) 대전지방법원 2018.05.17 2018고단279

사기방조

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On September 21, 2017, the Defendant issued a proposal to withdraw and deliver the money deposited in the Defendant’s account from a person without the name who planned to commit the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the person with no name.

On September 22, 2017, a person who has no name is the investigator of the Supreme Prosecutors' Office.

In one’s own name, two pages of the Nonghyup and the National Bank of Korea were established, and there was a need to verify whether a criminal victim is a criminal victim, and thus false statement was made to the effect that “the remittance of money to a new bank account (C) in the name of an employee of the Financial Supervisory Service.”

However, in fact, it was not the investigator of the Supreme Prosecutors' Office, and when the victim transfers money to the account under the name of the defendant, the victim was thought to withdraw it and use it in the phishing organization.

Nevertheless, the above person under whose name the victim was accused and transferred KRW 9 million to the above new bank account under the name of the defendant from the victim, and the defendant, according to the direction of the person under whose name the victim was killed, withdrawn KRW 9 million from the new bank located in Seo-gu Daejeon, Seo-gu, Daejeon, and delivered to the person under whose name the person under whose name the statement was to be delivered in cash.

Accordingly, the defendant provided an account number and released the money acquired by deception for the purpose of a person who was not aware of the fact that he committed a fraud, thereby facilitating the fraud of a person who was not guilty of the above name.

Summary of Evidence

1. Partial statement of the defendant;

1. One's own protocol against the accused by the prosecution;

1. Statement made by the police against D;

1. Financial data reply, the details of passbooks, and the contents of the Kakao Stockholm conversation [the defendant and the defense counsel have withdrawn money deposited in the account under the name of the defendant at the time of the instant case and delivered it to the person in unsound name. However, his act is done.