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(영문) 수원지방법원 2016.06.16 2015고단5768
사기방조
Text

A defendant shall be punished by imprisonment for six 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

The name indisstigious person misrepresented the staff of the investigative agency to transfer money to an account under the name of the defendant by misrepresenting the victim to an unspecified victim, and had the defendant withdraw money from the said account.

On June 8, 2015, at around 12:00, the name-free person was a D prosecutor belonging to the Seoul Central Prosecutor's Office of the central government in Seoul, where he / she called the victim C by telephone, and the name of the party was stolen and the bank executives were related thereto, so if he/she transfers money deposited in the party account to the account designated by him/her for arresting the offender, he/she would return it after 2 hours.

At around 12:11 on the same day, a person in unsound name, deceiving the victim, thereby inducing the victim to transfer a sum of KRW 4,2450,000 to the national bank account (Account Number E) account in the name of the defendant, from around 13:18 to 14:06 on the same day, and from around 13:45,00 won to the new bank account (Account Number G) account in the name of the F, thereby deceiving KRW 4,2450,000 in total, and the defendant, according to the direction of the person in secret name, removed KRW 38,00,000 deposited from the above account in the name of the defendant at the point in the territory of the south-dong, Seocheon-gu, Seocheon-gu, in the name of the victim, at around 12:21 on the same day.

In this respect, a person who is not aware of his name deceivings the victim, by defrauding 42,450,000 won from the victim, and by facilitating the crime, the defendant has prevented it.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement prepared in C;

1. Details of transfer;

1. As a result of each reply, the defendant and his defense counsel stated that the defendant and his defense counsel's assertion was necessary for saving money from the person without his name, and the defendant and his defense counsel received money from the defendant's account at the mind that they want to receive fees, and they did not have the intent of aiding and abetting fraud.

The argument is asserted.

The evidence duly adopted and examined by this Court is based on the evidence.

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