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(영문) 서울북부지방법원 2017.04.21 2016고단5373
사기방조
Text

The defendant shall be innocent.

Reasons

1. On August 21, 2016, the Defendant accepted the Defendant’s proposal with the knowledge that “one person who misrepresented the Defendant’s name” was used for the phishing crime, i.e., “a person who withdrawals money deposited into the Defendant’s new account and delivers it to the employee who sent the money to the Defendant, by making many details of the money deposited into the Defendant’s new account by making it available.” The Defendant accepted the proposal with the knowledge that it would be used for the Defendant’s name for the phishing crime.

At around 09:50 on August 24, 2016, the 2010 employee of the 2000 U.S. Financial Services Commission misrepresented the victim D to “the prosecutor E-public prosecutor of the Seoul Central District Public Prosecutor’s Office” by telephone, and acquired money from the victim to a safe account because the party’s account is used in committing fraud and it is necessary to investigate the party’s account, thereby transferring the money in the party’s account to a safe account.” The 200,000 won was transferred from the victim to the new bank account (F) in the name of the Defendant on the same day.

After that, the Defendant, at around 11:54 on the same day, withdrawn in cash the total amount of KRW 5 million out of the above KRW 6 million at the point of the station leading the new bank located in Yeongdeungpo-gu Seoul Metropolitan Government Pyeong-ro 99 (Fyeong-dong 4), at the point of the station leading the new bank, at the same time, at which the Defendant sent the same time to a non-fluored woman sent by the “one-name C agent” in front of the leading station leading in the same time at large 124 at the same time.

As a result, the Defendant aided and abetted the crime of fraud of those who have not been killed in name by facilitating the criminal act in acquiring money from the victim, such as “one name C agent,” etc.

2. Determination

A. The summary of the Defendant’s and his defense counsel’s assertion is that the Defendant was aware of and did not take part in the criminal conduct of the instant Bosing, and thus, the Defendant did not have any intention to commit the crime of the Defendant

B. The act of protection under the Criminal Act, while knowing that the principal offender is committing a crime, is a direct or indirect act that facilitates the principal offender’s act.

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