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(영문) 대구지방법원 2018.02.08 2017고단5826

사기방조

Text

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

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

Reasons

Punishment of the crime

On May 15, 2017, the Defendant shall pay 1% of the amount of money to the Defendant, as a fee, from the personnel engaging in the horseing operations.

One million won may be punished for each week.

“In receipt of the proposal, the Committee accepted the proposal, leading the victims to misrepresentation of the phone calls to an investigative agency, and leading the victims to transfer money to the account of the withdrawal book, the victims received the proposal, with the intention of aiding and abetting the criminal act of the phishing organization’s fraud by delivering it to the victims.

On May 16, 2017, 13:30 on 16 May 16, 2017, hereinafter referred to as "the Government Support Fund has been raised, and it is possible to lend money at low interest."

If the money deposited in the account is withdrawn in cash and delivered to the employee in charge, the transaction performance can be accumulated and lent.

“A false representation was made.”

On May 17, 2017, when deceiving the victim and deceiving the victim, the employee was arrested by the police officer who was divingd on the spot in order to receive KRW 5 million from the Saemaul Treasury account (D) in the name of Seoul on May 17, 2017, and KRW 6.8 million from the Agricultural Cooperative account in the name of Eul on the name of the victim, and the defendant was arrested by the police officer who was divingd on the spot in order to receive KRW 6.8 million from the No. 15:10 on May 17, 2017 in the name of the victim around 15:10 on July 17, 2017, and to transfer KRW 1:79 on the name of the victim from the Kimhae-si's head office in the name of the No. Ba-si 2, the defendant

Accordingly, the Defendant, by facilitating the fraud of phishing staff members, has been prevented.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and B;

1. Application of statutes to confirm text messages, account details, and account details;

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 32(1) of the Criminal Act, the choice of punishment for the crime, and the choice 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. Article 62(1) of the Criminal Code of the Suspension of Execution (the following sentencing grounds)