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(영문) 수원지방법원 평택지원 2017.02.02 2016고단2024
사기방조
Text

A defendant shall be punished by imprisonment for not less than eight 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

On June 27, 2015, the Defendant accepted a proposal from the singishing staff member on his/her name in the name of the head of Pyeongtaek-si, and notified the Defendant of the number of the personal compromise account (B) in his/her name on July 1, 2015, stating that “The Defendant would notify the head of the Tong and pay the amount equivalent to 1.5 million won upon withdrawal of the cash deposited in the passbook.”

On July 1, 2015, at around 11:34, 2015, the non-name staff obtained a new bank account number, password, and an OTP number, etc. opened in the name of the victim from the victim by phoneing the victim C to the victim C, and then transferred KRW 16 million from the new bank account of the victim to the Defendant’s credit union account in the name of the victim, by falsely speaking to the effect that “the prosecutor of the Seoul Central District Public Prosecutor’s Office, which is the prosecutor of the Seoul Central Public Prosecutor’s Office, arrested the victim of the money laundering, and after accessing the site known to the internal address, the bank security card should be entered.”

On the other hand, the non-name member continuously instructed the defendant to ship the above money deposited to the credit cooperative account in the name of the defendant, and the defendant withdrawn 16 million won from the credit cooperative account in Seodaemun-gu Seoul Metropolitan Government from the gold sand credit bank account in the name of the defendant and delivered the above money to the non-name beneficiary.

Accordingly, the defendant was able to protect the defendant by facilitating the crime of the non-name assistance staff.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of transaction details;

1. Application of Acts and subordinate statutes on internal reporting (to attach and transportCCTV);

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 32 of the Criminal Act concerning the selection of criminal facts, and the choice of imprisonment;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

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

1. The instant crime was committed with knowledge of the participation in the protection observation and community service order in the illegal sentencing of Article 62-2 of the Criminal Act.

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