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(영문) 의정부지방법원 2016.11.16 2016고단3789
사기방조등
Text

A defendant shall be punished by imprisonment for six months.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

1. On March 2016, the Defendant violated the Electronic Financial Transactions Act: (a) received a proposal from an unsatisfic person who transferred a physical card, etc. from an unsatisfic person; (b) transferred the physical card, etc. to an unsatisfic person, one and the password connected to an enterprise bank account (C) opened in his/her name on the street front of the caton railroad station located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

2. The Defendant, with knowledge of the fact that he/she could use the cream card for the scaming crime, transferred the cam card, etc. to his/her nameless person as provided in the preceding paragraph.

Accordingly, on February 29, 2016, the name-in-factist called "the head of the new bank E E team, who is the head of the new bank E team, and in order to make a substitute loan, it is necessary to pay the money in advance, and it is necessary to pay the money." The name-in-factist received 4.5 million won from the victim on March 7, 2016 from the victim to the above account in the name of the defendant.

Accordingly, the Defendant assisted and aided the defrauded by deceiving the victim as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each description of the petition and written statement of D;

1. Application of the respective Acts and subordinate statutes in detail of the results of transfer, investigation reports (report on attachment of a written decision not to prosecute), and written decision not to prosecute;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (in cases of transfer of access media), Articles 347(1) and 32(1) of the Criminal Act, and the choice of imprisonment with prison labor for each type of crime;

1. Article 32(2) and Article 55(1)3 of the Criminal Act (as to the crime of aiding and abetting fraud), which is legally mitigated;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant's assertion of Article 186 (1) and Article 191 (1) of the Criminal Procedure Act, which bear litigation costs.

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