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(영문) 의정부지방법원 고양지원 2017.05.11 2017고단493
사기방조
Text

A defendant shall be punished by imprisonment for not more than ten 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

When the Defendant withdraws and delivers to himself the money remitted to the victims from the person under the name of the person under the name of the head of the Tong, the Defendant was willing to receive the money from the person under the name of the head of the passbook and notify him of the person under the name of the head of the passbook, and was willing to offer KRW 150,000 per day of the deposit into the passbook with the passbook where the person under the name of the head of the passbook was informed of the person under the name of the head of the passbook.

On July 6, 2016, the name Buddhistist of the Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing’s false statement to the effect that “it is necessary to add existing financial right loans to low interest rates, and thus, it is necessary to pay working expenses,” which received eight million won from the damaged person to the Saemaul saving bank account in the name of D on the same day.

On the same day, the Defendant received a delivery of the above D from the person who was unaware of his name, and received an order to transfer the said D to the Chinese account, and aided and abetted the crime of fraud of a person who was unable to receive his name, in a way that the person who was unaware of name was informed of D in order to help the person who was unable to receive his name, was waiting for D.

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each police statement made to D or E;

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports (a copy of receipt certificate, etc.);

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. Although the defendant was not actively willing to commit the crime of fraud for the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation, the crime of aiding and abetting and aiding and abetting the scam crime of a person who is not his name.

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