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(영문) 의정부지방법원 2017.09.01 2017노1342
사기방조
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In mind that the Defendant was involved in the act of tax evasion of a trade company, he withdrawn and delivered 52 million won deposited in the bank account under the name of the Defendant to I.

Therefore, even though the defendant did not have the awareness of the principal offender's fraudulent crime, the judgment of the court below convicts the defendant, which affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and investigated by the lower court’s determination on the assertion of fact: (i) the Defendant stated by the prosecution that “I withdrawn KRW 52 million out of the total amount of KRW 87.5 million deposited in the said account and delivered it to I in cash, knowing that the Defendant used the Defendant’s industrial bank account in the name of the Defendant (D) and the Nonghyup Bank account (H; hereinafter collectively referred to as the “instant accounts”); (ii) the Defendant sent money in installments to the Defendant by the police in the amount of not more than KRW 20 million; and (iii) the Defendant made a demand to deliver the remainder money by withdrawing in cash from the CD amount of KRW 1 million.

Therefore, there may be crimes of Bosphishing which occur frequently in the Amathm.

Then, the defendant stated that he had made a statement on the following facts: (a) he explained in detail the reason why the money deposited into the account of this case was deposited into the account of Bosing phishing (the evidence records of this case No. 5284) and (b) the police demanded the director to withdraw the money deposited by using the account of this case for the purpose of taxing; (c) the defendant stated that he was the case of Bosing phishing.

(b) however,

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