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(영문) 창원지방법원 진주지원 2019.05.24 2019고단329
사기방조
Text

A defendant shall be punished by imprisonment for four months.

except that 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

The Defendant was well aware of the crime of “Singing” in a single name.

Nevertheless, on June 2018, the Defendant received a proposal from a name-free person who misrepresented his employee of a lending company to the effect that “I will grant a loan to the bank account designated by our country in order to deposit the money into a new account.”

On July 2, 2018, 2018, an employee under the name of the Minister of Trade, Industry and Energy made a false call to the victim B at an irregular place, and the fact was, “Notwithstanding the absence of the intent or ability to make a loan to repay at a low interest rate, the employee shall pay money to the account that makes it possible to obtain a loan to repay at a low interest rate.” This month from the victim.

4. At around 17:21, a person was transferred KRW 7 million to a post office account (C) in the name of the defendant.

At around 18:37 of the same day, the Defendant withdrawn 7 million won deposited to the post office account in the name of the Defendant, and remitted the sum of 6.98 billion won to the account (G) bank account in the name of the FF designated by the winners of the name, at least seven times in light of the direction of the winners of the name.

As a result, the defendant aided and abetted the crime of a person without a name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a certificate of confirmation of transfer, H reply materials and statement of account 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. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - The reason for sentencing under Article 62(1) of the Criminal Act - The fact that the person involved in the commission of fraud through the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime

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