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(영문) 서울북부지방법원 2017.09.20 2017고단395

사기방조

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 July 29, 2016, when misrepresenting the "E" of the employees of the National Bank's operating division of the national bank by posting a telephone to the victim D in the C number, the employee in charge of the Masping service will open the Masp passbook.

In order to confirm whether the loan repayment ability is possible, the bank made a false statement to the designated account.

However, there was no intention or ability to provide a loan even if the person was not an employee of the National Bank and the victim received money from the victim.

On August 5, 2016, the person under whose name the person under whose name the person under whose name the person was not the victim was transferred to the national bank account (F) in the name of the defendant, in total, KRW 10 million,000,000,000 in two times each, from the victim.

In order to assist the said Defendant in committing the above fraud, the said Defendant: (a) withdrawn the above KRW 10 million, which was remitted by the victim at the seat of the national bank insignia in Dongdaemun-gu Seoul, around August 5, 2016; and (b) made it easy for the Defendant to commit the said fraud by making it easier for the Defendant to the employees of the Defendant to commit the crime of the said employees of the Defendant’s nameless Bosing.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 347 (1) and 32 of the Criminal Act concerning the facts constituting an offense and Articles 347 (Selection 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. In light of the fact that the method of withdrawing the money deposited in the passbook to determine the allegation of denial of intention under Article 62(1) of the Criminal Act and delivering the money to the person with no name, it is a typical act of the single-sing withdrawal book, and that the Defendant did not know the company’s trade name, location, etc. even though the Defendant asserted that he was on behalf of the parallel importer, it may be recognized that the Defendant had intentionally committed the act.

The reasons for sentencing shall be systematically acquired.