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(영문) 인천지방법원 2018.08.16 2018고단3802
사기방조
Text

A defendant shall be punished by imprisonment for one year.

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

On January 27, 2018, the Defendant: (a) responded to the telephone proposal, the Defendant’s bank account (E) and passwords in the name of the Defendant’s bank account in the name of the Defendant was placed in the account offering book; (b) prior to the deposit of money in the account in the account in the name of the Defendant in the light of the experience of using the Defendant’s name in the scaming organization, the Defendant considered it as a gold damage if the account was actually deposited in the account in the account in the name of the Defendant in the light of the experience of using the scaming organization. (c) the Defendant collected money from the scaming staff to the Defendant for personal use.

On January 30, 2018, the above Bosing Organization’s name partner called the victim F and transferred KRW 5,398,000,000 to nine accounts, including the receipt of KRW 5,840,000 from the victim’s account under the name of the said Defendant by depositing the loan in the account notified by us after obtaining a new loan from us; and

As above, the Defendant: (a) made the Defendant’s name account to be used by the said Defendant’s Financial Board; (b) deposited KRW 5,840,000; and (c) deposited KRW 1,000,000 in a daily withdrawal limit of the check by the Defendant’s name; and (d) withdrawn KRW 4,840,000,000 in a daily withdrawal limit of the check by the Defendant’s Financial Board.

Accordingly, the Defendant aided and abetted the criminal act of defrauding 5,840,000 won by receiving 5,840,000 won from the victim’s account from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation reports (execution of a warrant of seizure, confirmation of details of account transactions, etc.), investigation reports (verification of details of account transactions in A, and confirmation of cash ctv photographs);

1. Application of Acts and subordinate statutes governing deposit verification;

1. Relevant Article 347 (1) and 32 of the Criminal Act concerning the facts constituting an offense and Articles 347 (Selection of Imprisonment);

1. Aid and relief;

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