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(영문) 의정부지방법원 2019.09.19 2019고정513
사기방조
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

On August 29, 2018, the Defendant received a call from a person who has no name, notified the Defendant’s account number, and notified the Defendant’s account number. On August 31, 2018, the Defendant directly withdrawn the money deposited in the Defendant’s account and made the said person in the name of the deceased.

Around August 31, 2018, the above name-free person misrepresented himself/herself as a "C Bank D agency" to the victim by communicating the victim B with the victim at the French land, and made a false statement to the effect that "I would enhance credit rating by repaying existing loans, thereby allowing a low interest rate repayment loan."

However, the above-mentioned person was not an employee of the C Bank, and there was no intention or ability to provide the victim with the loan.

On August 31, 2018, the above person under whose name the victim was accused of, and caused the victim to remit KRW 2,700,000 to the account under the name of the defendant E (Account Number:F) as a loan repayment.

On August 31, 2018, the Defendant, despite being aware that the money was remitted to the Defendant’s account due to the commission of the crime of the person who was unable to receive the name, withdrawn KRW 10,900,000 including the said money from the Eancheon-si Ean City Eancheon-si Eancheon-si, and distributed it to the person designated by the said person who received the name

Accordingly, the defendant, even though he knew that he would withdraw the money obtained by deceit from the victim, has withdrawn the money, thereby facilitating the crime of fraud of the person who has not received the above name.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on the details of transfer and H dialogue;

1. Article 347 (1) of the Criminal Act and Articles 347 (1) and 32 (1) of the Criminal Act concerning the applicable criminal facts, the choice of fines;

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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