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(영문) 수원지방법원 평택지원 2018.10.12 2017고단2103
사기방조
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant will grant a loan from a person who is not on his/her name (one name B) on January 12, 2017.

In order to raise a balance, the account number should be deducted in order to raise the transaction performance of the head of the Tong, and the account number should be known to the public." The notice was given to the Defendant’s name bank account (C).

After that, on the 13th day of the same month, the Defendant heard the speech that “I request to withdraw and deliver money deposited in the account under the name of the political party” from the above person in the name of the political party, and the above person in the name of the political party would give a large amount of loans to the Defendant who is the class nine of the credit rating.”

In light of the fact that all the money deposited in the Defendant’s account should be withdrawn in cash, and if a bank employee orders the reason for withdrawal to make a false statement as a fee for the test, he/she accepted his/her proposal even though he/she knows that it would be used for committing the crime.

On January 13, 2017, the Mesing staff in name must transfer money to a safe account because the account was connected to a crime.

‘Falsely speaking, it received 16 million won from the injured party to the above corporate bank account under the name of the accused on the same day.

On the other hand, according to the orders of the above, the Defendant withdrawn 16 million won in cash at the location of the Go-dong Enterprise Bank located in Suwon-si, Suwon-si on the same day, and around that time delivered the above 16 million won to the non-persons.

Accordingly, the defendant aided and abetted the crime of fraud of a person without a name by facilitating the crime when he acquires money from a person with a nameless damage.

2. Determination

A. The burden of proof of the facts charged in a criminal trial is that the prosecutor bears the burden of proving the facts charged, and that the conviction is true to the extent that there is no reasonable doubt by the judge.

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