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(영문) 서울중앙지방법원 2019.08.23 2019고단3072
사기방조
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

During the process of seeking a person who is willing to borrow money by deceiving the staff of financial institutions by misrepresenting himself/herself, the personnel of the financial institutions (one-time “B”) suggesting that the Defendant “it is necessary for an online casino operator to receive money from which he/she will transfer money. It is necessary to lend money to the account. It is possible to withdraw money from the Defendant’s account after he/she received money from the Defendant’s account and then deliver money to the Defendant.” Although the Defendant knew that he/she received money from the Defendant’s account and delivered money related to the crime, such as gambling money, he/she was willing to receive money from the Defendant’s account and deliver the money to the above person under his/her name by receiving money from the Defendant’s name.”

On August 21, 2018, the person under whose name the person under whose name the loan was made was made would be converted to a low interest rate if the person under whose name the loan was made by telephone from the victim C even though the person has no intention or ability to harm the loan. The person under whose name the person under whose name the loan was made by making a false deposit of the existing loan to the legal team account. The person under whose name the person under whose name the person under whose name the loan was made by receiving 3.2 million won from the victim to the DNA bank account (Account Number E) in the name of the defendant at around 14:02 of the same month, and ordered the defendant to deliver the above money as a discount shipment, and the defendant assisted the person under whose name the crime was made by facilitating the crime by delivering the above money to the person under whose name the person under whose name the loan was made by using Kwikset service at around 15:07 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Payment receipt;

1. Application of the G dialogue content Acts and subordinate statutes;

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;

1. Articles 32 (2) and 55 (1) 3 of the Criminal Act to be mitigated legally;

1. Article 62 of the Criminal Act:

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