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(영문) 의정부지방법원 2020.09.16 2019고단5976
사기방조
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On July 9, 2019, the name omittedist, who is the cause of the Bosphishing organization, misrepresented the victim B by phone calls to the victim B and misrepresenting the victim B with a low interest of lending, and the transaction record is required. It falsely speaks that "a loan may be made at low interest, which is known to us by receiving a loan from a credit card company, shall be deposited in an account known to us," and that it shall, at around 1:50 on July 11, 2019, have the victim remit KRW 19,300,000 to the E-cooperative account (Account Number:F) in the name of the defendant, and acquired it by fraud.

The Defendant provided the above account opened in the name of the Defendant on or around the 9th of the same month in order to assist the Defendant in committing the above phishing as above, and withdrawn KRW 8,800,000 deposited in the above account at the H Association counter located in Nam-si, Namyang-si, Namyang-si, from around 12:20 on the 10th of the same month, and then delivered cash to the non-indicted male who sent the above name to the above H Association. On the 13:26th of the same day, the Defendant withdrawn KRW 9,50,000 deposited in the above account at the Gaedong Branch counter located in I, and then delivered cash to the above non-indicted male at the same time, and around the 14:12 of the same day, the Defendant assisted the Defendant to commit the crime of fraud by withdrawing KRW 1,00,000 deposited in the above account from the ATM equipment located in the above account to the above non-indicted male.

Summary of Evidence

1. Application of Acts and subordinate statutes, such as a statement of transactions B in the defendant's legal statement, details of transactions and pictures of victims' telephone conversations;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 347 (1) and 32 (1) of the Criminal Act which choose a penalty;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Article 62 (1) of the Criminal Act;

1. The role of the so-called “passing” as the crime of this case, such as the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, is to complete the singishing crime.

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