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(영문) 의정부지방법원 2016.10.28 2016고단1958
사기방조등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. On September 3, 2015, the Defendant violated the Electronic Financial Transactions Act: (a) received a proposal from an unqualified person to offer one million won on a face to transfer a physical card; and (b) transferred a physical card connected to a national bank account (Account Number: E) opened in his/her name in front of the D hotel located in the Government-Si of the Gyeonggi-si games on the same day through Kwikset Service Okset-based article.

2. The Defendant, as described in the above paragraph 1, knew of the fact that he received a proposal for the transfer of the physical card from a person with no personal identity and could be used for the singing crime, aided the Defendant, as seen above, by transferring the above physical card to the person with no personal name.

As a result, the person who was infinite, reported and contacted the text message sent to many unspecified persons on the same day, shall make a false statement to the victim F, “I will make a loan of KRW 15 million to the American Savings Bank, and will make a deposit of KRW 900,000,000 to be paid first,” and then, he received KRW 90,000 from the victim to the bank account in the name of the defendant

Accordingly, the Defendant assisted and aided the victim by deceiving the victim and by deceiving him.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written statement;

1. Official receipt;

1. Details of Defendant’s account transactions;

1. Application of CCTV image photograph Acts and subordinate statutes;

1. Relevant Article 347(1) and Article 32 of the Criminal Act concerning criminal facts and the choice of punishment, and Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act (the choice of imprisonment with prison labor for each type of crime);

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the first offender, the minor degree of participation, the degree of damage, the family environment of the defendant, and the facts that the defendant is living together with his/her confession);

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