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(영문) 울산지방법원 2017.10.19 2017고단2973
사기방조
Text

A defendant shall be punished by imprisonment for six 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

The name-free person is a general policy that operates a telephone financing fraud group that uses the Internet, telephone, etc. to obtain money from many unspecified persons.

The defendant was to receive 4% of the above deposit amount in return for the role of receiving the damage amount from the above person in the name of the defendant from the above person in the name of the defendant to deposit to the account designated by the above person in the name of the defendant.

In spite of the absence of the intent or ability to actually lend the loan, the person under whose name the loan was made will provide the victim B with a loan of KRW 50,000,000 at a low interest rate if he pays the existing loan of KRW 6,00,000 and send the fee.

“Along on December 28, 2016, false statement to the effect that it was transferred KRW 3,000,000 to the Defendant’s name bank account (C) around December 21, 2016, under the pretext of fees, etc. from the victims.

The Defendant withdrawn a total of KRW 3,00,000 from the point of Samsan-dong of the National Bank in Ulsan-dong on the same day to another person who is not designated by the above person in terms of name.

Accordingly, the defendant could easily commit the above fraud of the person who was unable to obtain his name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Results of transfer management, details of transactions by account, and details of financial transactions;

1. Application of CCTV-related Acts and subordinate statutes to each head of a gold collection;

1. Article 347(1) and Article 32(1) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Article 32 (2) of the Criminal Act for mitigation of law;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act: (a) even though there was a history of the suspension of indictment on the grounds that the Defendant transferred his passbook, card, and so on so that he could be used for the phishing crime; (b) the Defendant withdraws and delivers cash remitted by the victimized person; and (c) the body of the criminal led by such aiding and abetting act is concealed.

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