logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2020.05.07 2019고단1177
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 becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2019, at a place where it is impossible to know the place on May 31, 2019, the name omitted person of the Singing Organization stated that “I would pay money to the victim B by telephone to a bank’s employee, and if I would return money to the account known as possible to grant a low interest rate loan if I repay part of the existing loan.”

However, in fact, since the purpose of deceiving the victim by deceptioning the cash through the Bosphishing method, there was no intention or ability to harm the loan at a low interest rate even if he receives cash from the victim as a repayment of the loan.

Nevertheless, on June 3, 2019, the person under whose name the person under whose name the victim was accused was transferred 10 million won to the post office account under the name of the defendant (E) around 15:16, 2019.

The Defendant, even though he was aware that the Defendant was used in committing the above fraud in order to assist the Defendant in committing the above fraud, notified the post office account number (E) in the name of the Defendant. From June 3, 2019 to June 15:00 to 16:00, the post office located in Chuncheon-si intended to withdraw the amount of KRW 10 million deposited by the victim according to the order of the person who was unable to receive his name and transfer the amount to the designated account by the person who was unable to receive his name. However, the above post office account of the Defendant was not registered and withdrawn as the accident account.

After all, the Defendant, by facilitating the above fraud of a person who was unable to obtain his name, assisted such fraud.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A detailed statement on the transfer of damage amount;

1. Response to a request for financial transaction information;

1. Application of Acts and subordinate statutes on investigation reports (Attachment to the contents of the Kakao Stockholm dialogue);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the social and economic aspect of this case.

arrow