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(영문) 부산지방법원 2019.05.20 2019고단1072
사기방조
Text

A defendant shall be punished by imprisonment for six months.

except that 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 August 2018, the Defendant received a proposal stating, “Around August 2018, the Defendant would give KRW 90,000,000 if the account is needed to operate the shopping mall, and if the account number is not given, money will be deposited in the account, but the money deposited will be returned to the sender in cash.”

The Defendant had been aware of the fact that the transfer date of the previous physical card was several times, and that the means of access, such as the account number or physical card, could be used for the criminal act of Bosing, and that the money deposited into the Defendant’s account could be the damage amount to the criminal act of Bosing, despite having been well aware of the fact that the money deposited into the Defendant’s account could be the damage amount to the criminal act of Bosing, the Defendant, upon accepting the proposal of the sos, notified the account number (D) of the bank account in the name of the Defendant.

On the other hand, on August 14, 2018, the nameless Bosing Mediation Commissioner misrepresented the victim E with telephone and misrepresented the financial institution staff and borrowed the existing loan amount of KRW 28 million at a low interest rate of KRW 7.9%, and may receive a loan at a below credit standing point for repayment of the loan currently used for the loan to proceed with the loan. In this context, on August 16, 2018, he acquired from the victim a remittance of KRW 2520,000 from the victim to the above Cbank account under the Defendant’s name.

As a result, the Defendant aided and abetted the crime by providing an account number used by a member of the Organization of Washington for the crime of Bosing fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A letter of reply to a warrant of search, seizure and verification;

1. Domestic investigation reports (referring to requests for the provision of G communications data from relevant witnesses);

1. Application of the Acts and subordinate statutes to request for communications data;

1. Relevant Article 347(1) and Article 32(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

2. Articles 32(2) and 55(1) of the Criminal Act, which are statutory mitigation;

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