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(영문) 인천지방법원 2018.08.24 2018고단3883
사기방조
Text

The defendant shall be innocent.

Reasons

1. On December 19, 2017, the Defendant received a proposal to withdraw and deliver the money deposited in the Defendant’s account from the nameless person who planned the Defendant to commit the phishing crime, with intent to assist the commission of the crime of a person without a name, and notified the nameless person of one bank account (D) in the name of the Defendant.

On the same day, a person who is infinite was called to the victim E in the same place on the same day, misrepresenting himself/herself to conduct the central autopsy, and the head of a Tong in his/her name was opened, and was 10 billion won in the case of fraud.

In order to change the status of the victim, it was false to the purport that the money in the current passbook should be deposited into the safety account.

However, in fact, it was not the Seoul Central Prosecutor, and when the victim transfers money to the account under the name of the defendant, it was thought that the victim would withdraw it and use it in the phishing organization.

Nevertheless, the above person under whose name the victim was accused and transferred 9.6 million won to the above one bank account under the name of the defendant on the same day from the victim, and the defendant, according to the direction of the person under whose name the victim was killed, withdrawn 9.6 million won from the point of time in the Nam-gu Incheon Metropolitan City Han Bank month to the 9.6 million won and delivered it to the person under whose name the book was responsible

Accordingly, the defendant provided an account number and released the money acquired by deception for the purpose of a person who was not aware of the fact that he committed a fraud, thereby facilitating the fraud of a person who was not guilty of the above name.

2. In a judgment, the burden of proof for the facts constituting the offense prosecuted lies in the prosecutor, and the conviction of guilt must be based on the evidence of probative value that leads the judge to the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant may also be found to have no such evidence.

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