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(영문) 수원지방법원 2017.10.31 2017고단653
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

Criminal facts

On June 16, 2016, at the location of the entrance in Gangnam-gu Seoul, Seoul, the Defendant had high transaction performance and requested the Defendant to inform the account number to grant the loan. On the entry of the money, the Defendant withdrawn the money in cash and sent it to the employee of the deceased. The Defendant knowingly accepted the illegal method, and notified the Saemaul Depository No. C of the name of the Defendant.

On June 16, 2016, the name Buddhistist called the victim D by telephone at an unspecified place, and called the National Police Agency Intelligent Crime Investigation Team E, and called the bank to transfer the bank deposit to the above Saemaul Treasury account under the name of the defendant in order to prevent the singishing damage, and he received the money from the victim to the above Saemaul Treasury account under the name of the defendant, and acquired it by fraud.

At around 12:26 on the same day, the Defendant continuously knew or could have known that the said amount was not acquired through normal methods, such as criminal acts, and then withdrawn KRW 20 million from the money deposited by the Saemaul Depository in Seoul, Seoul, and delivered it to the needy. At around 14:12 on the same day, around the same day, at the Saemaul Treasury located in the Gangnam-gu Seoul, Seoul, withdrawn KRW 20 million out of the money deposited by the said victim and delivered it to the wounded, thereby facilitating the crime of fraud of the wounded in name.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the police against D;

1. Certificates of confirmation and data on bank replies;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to cases of the same kind of suspect A cases);

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

1. Matters concerning Article 62-2 of the Criminal Act and the observation of protection, etc. of community service order;

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