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(영문) 부산지방법원 2017.03.15 2017고단258

사기방조

Text

A defendant shall be punished by imprisonment for one year.

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 December 12, 2016, the Defendant received a proposal from a person under whose name the Defendant committed a fraud called phishing from a police officer, to the effect that 100,000 won per day and 1% of the amount transferred to the account, upon receipt of the money from a third party at his/her own direction, shall be given. From December 19, 2016, the Defendant received an instruction from a person under his/her name and received money from a person under his/her name and received money from the person under his/her name and received money, and sent money through 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 commission of the commission of the commission of the commission of the commission of the commission.

On January 2, 2017, the above name Buddhistist made phone calls to the victim C and misrepresenting the inspection of the public prosecutor's office at the Suwon District Public Prosecutor's Office, and used the passbook to commit the phishing crime, and makes it false to transfer the money in the bank account of the victim to the account designating the money in the phishing crime. The victim received 7 million won from the victim via the No.C. (Account Number E) account transfer in the name of the victim, and the defendant took it over. On the street above the point of the 73 NH No. 77-gil-ro, Busan National Hot Spring branch around the 107-ro, Busan National Cemetery, as of January 2, 2017, the defendant made it easier to commit the above name Buddhistist by receiving 7 million won from D, which was acquired by the victim by the victim under the direction of the above name Buddhistist.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or C;

1. Details of transactions of depositing money from damage;

1. Application of Acts and subordinate statutes to a investigation report (SNS Scars on attachment of the content of conversation);

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 Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act)

1. Order of community service;