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(영문) 제주지방법원 2020.08.26 2020고단1248
사기방조
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 9, 2019, the Defendant informed the account number of B bank in the name of the Defendant, attempted to withdraw the damage from the scam which was deposited in the account in accordance with the direction of the person without the name, and did not withdraw due to the application for suspension of payment of the victim. In this regard, there was a record of criminal investigation into the violation of the Act on Real Name Financial Transactions and Guarantee of Secrecy, and thus, it was known that the act of providing the account number to the person with no name, and of withdrawing and delivering the money deposited in the account can be attributable to the crime of

On December 2, 2019, the Defendant received a proposal from a person who was named in the name of the Defendant to the effect that he would pay a sum of KRW 4-5 million per month to the person who was named in the passbook and delivered the money to Kwikset Service,” and consented to the proposal, and notified the Defendant’s bank account number (C) to the person who was named in the name of the Defendant.

On January 6, 2020, the Defendant received the proposal that he would go to land through the telegram from the above person who was unaware of his name, and came to be Daejeon with a large discount around January 6, 2020. After withdrawing the money deposited to the above account, and sent it to Kwikset service, the Defendant knew that the money deposited to the above account under the order of the above person under his name in mind, which was sent to Kwikset service, was the damage amount of Bohish. On January 7, 2020, around 11:51, 200, the Defendant withdrawn KRW 3 million deposited by the victim F from the E-K, Seo-gu, Daejeon, Seo-gu, Seo-gu, Seo-gu, and then delivered the money to the person designated by the above person who was aware of the fact.

As a result, the defendant aided and aided the act of fraud of a person who has not received a name.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of the provisions of Acts and subordinate statutes to transfer;

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. The amount of damage caused by reasons for sentencing under Articles 32(2) and 55(1)3 of the Criminal Act, to be mitigated by law, is significant.

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