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(영문) 전주지방법원 군산지원 2017.09.13 2017고정229
사기방조
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The name influor of the crime of fraud committed by a person without a name, the person influor had misrepresented the staff of the investigative agency or financial institution, received money from the victims, and had the victims receive money in advance, and he had the intent to withdraw the money transferred in cash, etc.

On December 8, 2016, a name-free person made a false statement to the victim B, stating, “A person who is an employee of KB finance, who is able to borrow a loan of KRW 20 million, and if he/she intends to obtain a loan, he/she shall remit the cost of issuing a certificate of confirmation to KRW 10 million.”

In fact, however, the person who has no intention or ability to provide a loan to the victim even though he/she receives the cost of issuing a certificate of confirmation from the victim.

Nevertheless, the name-based person was delivered KRW 7 million to the bank account (D) in the name of Korea, KRW 2.99 million to the Nong Bank account (E) in the name of Korea, and KRW 990,000 to the sum of KRW 9.9 million from the victim by deceiving the victim as such.

2. Defendant A’s crime of aiding and abetting the fraud was proposed to the effect that “The Defendant shall pay money equivalent to 5% of the withdrawn amount on the face of the delivery to the sender, after withdrawing in cash the money transferred to the account under the name of the party,” and that he accepted it.

On December 14, 2016, the Defendant withdrawn 1.8 million won out of 2.9 million won from the victim’s damage amount deposited in the account under the name of the Defendant NongHyup Bank at the Dong-si Cultural Dong, Seoul Special Metropolitan City, Do, Chungcheongnam-do, and then delivered it to the sender of the above name.

Accordingly, the defendant could easily commit the crime of fraud of a person without a name.

Summary of Evidence

1. Statement by the defendant in court;

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

1. B written statements;

1. Application of Acts and subordinate statutes to inquire about the authenticity, cash automatically entered/exploiting transaction specifications, liquidity transaction details;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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