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(영문) 의정부지방법원 2017.09.28 2017고단3481
사기방조
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The name Buddhist person is a person who receives money from another person's account secured in advance by misrepresenting himself/herself to an investigation agency or deceiving him/her as if he/she had made a loan to an unspecified number of victims as the Minister of Foreign Affairs and Trade, and the defendant is a company trading with China, and he/she is required to receive money from his/her personal account to reduce or exempt taxes.

The fee will be paid by withdrawing money and delivering it to the employee.

“On receipt of a proposal, “In fact,” accepted the proposal with knowledge that it was to withdraw the amount of damage caused by phishing fraud.

On December 20, 2016, at around 13:00 on December 20, 2016, the name Buddhistist received 11 million won from the victim to the new bank account (D) account in the name of the defendant at around 14:43 on the same day from the victim and acquired 41 million won in total from four victims on the same day as in the list of crimes in the attached Table.

In the process, the Defendant withdrawn the money deposited in the said new bank account from 15:31 to 15:37 of the same day in accordance with the direction of the person who was not killed in the name of the Defendant, along with withdrawal of the money deposited in the said new bank account at the same location of the new bank located in Seoul Dong-dong, Seoul, as shown in the list of crimes in the attached Table, and delivered the amount of damage withdrawn to the singishing staff.

As such, the Defendant provided an account to transfer money by deceiving the victim by deceiving the victim, and recovered the damaged money and delivered it to the mediation staff, thereby facilitating the crime.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made with respect to C, E, and F;

1. Determination on the assertion of the defendant and his defense counsel in the written statement of deposit confirmation.

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