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(영문) 광주지방법원 순천지원 2017.11.30 2017고단1758
사기방조
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The non-person who is named will give a loan to unspecified victims.

The victim had the victim remitted money to the account under the name of the defendant, and had the defendant withdraw money from the above account.

On May 18, 2017, at a place where the location of around 10:00 on May 18, 2017 cannot be known, the person who was not the name shall be allowed to get a telephone to the victim C, and it is possible to get a loan up to 40 million won.

To do this, I would like to confirm the ability to repay, and I would like to receive a credit card loan first, and make a false statement.

At around 1:36 on May 25, 2017, by deceiving the victim, and by inducing the victim to transfer KRW 12 million to the new bank account (D) under the name of the defendant, and by deceiving the victim, according to the direction of the victim, the defendant, at around 12:00 on the same day, withdrawn KRW 7.5 million out of KRW 12 million deposited from the new bank’s instigates-gu, Nam-gu, Gwangju to the above new bank account from the new bank’s inciting the person’s name to the above new bank account at around 12:00 on the same day, and then deliver it to the employee, and at around 12:34 on the same day, the defendant withdrawn KRW 4.5 million remaining from the cash withdrawal date of the above branch at around 12:5 million and delivered it to the said person.

In this respect, a person who is not aware of his name deceivings the victim, defrauds the victim with 12 million won from the victim, and the defendant facilitates it by facilitating the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Account transactions;

1. Application of statutes on the contents of Kakao Stockholm conversations and telephone conversations details;

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 32(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the community service order shall be determined as the same as the order in consideration of the fact that the accused has no record of criminal punishment, and his depth is divided;

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