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(영문) 광주지방법원 목포지원 2021.02.16 2020고단557
사기방조
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 24, 2019, the Defendant: (a) received a proposal from a person in unsound name to “in exchange for money, to pay fees on the day, to reimburse expenses, meal expenses, etc.; and to withdraw money deposited in the account by withdrawing money from the account; and (b) provided the Defendant’s account to a person in unsound name, despite recognizing that “The Defendant’s account is intended to use the Defendant’s account to handle illegal money, such as the crime of telephone financing fraud,” the Defendant provided the Defendant’s bank account to the person in unsound name.

On February 25, 2019, an employee who is in charge of the crime of false telephone financing fraud was transferred to the Defendant B bank account (Account Number: E) in the name of the Defendant around 10:43 on February 26, 2019, by falsely expressing that “48 million won is to be loaned to the victim, and the transfer was made to the account informing the victim of the repayment of the existing loan,” and was wired to KRW 10 million from the victim on February 26, 2019.

In order to assist the said member of the telephone financial fraud organization to commit the above fraud, the Defendant withdrawn the above KRW 10 million, which he received from the damaged party at the point below the bank located in B at the time of Mapopo-si on February 26, 2019, in cash, from the point below the bank located in B at the time of Mapo-si on February 26, 2019, and led the said member to a personal telephone financial fraud in front of the said bank.

Accordingly, the defendant, by facilitating the fraud of a person without a name, has prevented it.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Investigation report (Attachment of a certificate of confirmation of transfer of damage) - A certificate of confirmation of transfer (the post office of Gwangju Metropolitan City 5-dong Office);

1. Application of Acts and subordinate statutes, such as investigation reports (Re-verification ofCCTV Data, etc.), search inspection warrant and reply data, and Kaka photographs;

1. Article 347 (1) and Article 32 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 347 (1) and 32 (1) of the Criminal Act (elective 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;

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