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(영문) 대전지방법원 2019.07.05 2019고단1404
사기방조
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 12, 2019, the Defendant accepted the offer that “The Defendant would pay 10% of the deposited money as commission, a construction company is a construction company and less tax should be loaned in trading construction material prices, etc., and the deposited money should be paid as commission,” which was known to the Defendant by reporting and communicating the advertising letters.

Around January 14, 2019, the name misscam assistance employee called the victim C and misrepresented the police officer of the Seoul Metropolitan Police Agency in the name of the victim, and falsely speaked that “The one shall be the victim’s name, and the one related to the employee of the Financial Supervisory Service shall be used in international criminal cases related to the employee of the Financial Supervisory Service, and thus it is necessary to conduct an investigation into the account in which the account should be joined, and thus, he shall send the money in the passbook to the employee of the Financial Supervisory Service.” On the same day, the victim transferred KRW 44 million from the Agricultural Cooperative Account under the name of the victim to the D Bank Account (E) account in the name of the defendant.”

On the other hand, the Defendant, at around January 14, 2019, withdrawn KRW 44 million from a DNA bank located in front of G Station in Daejeon Jung-gu, Daejeon, on the other hand, at around 17:30, at around 17:30, at around 15:00, at around 15:00, at around 38,000,000 won in front of the Defendant’s office located in Daejeon Jung-gu, Daejeon, and at around 17:30, at around 15:00 on January 15, 2019, delivered KRW 44,000,000,000 in total, around the Defendant’s office located in Daejeon-gu, Daejeon-gu, and KRW 38,8,000,000,000,000 in name.

As a result, the Defendant aided and abetted the crime of phishing fraud of a person without a name.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to a written confirmation of electronic financial transfer;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 32 of the Criminal Act concerning the crime;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.

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