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(영문) 부산지방법원 동부지원 2017.03.23 2017고단168
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 November 24, 2016, the Defendant is responsible and guaranteed for the annual Alba/L/ head office out of the stable income of a new concept (at least 3 million won a month) from a person in unsound name.

“In receipt of the word “,” and intended to inform one’s own national bank account number (B) and withdraw and deliver the money deposited in the said account, and to receive 3% of the amount transacted in return for it from the passbook as commission.

On December 4, 2016, the name-free person assumes that the fact that he calls to the victim C is not a bank employee, and even though he does not have the intention or ability to open a Mabpp passbook, he assumes that he is a D agent working at the head office of the KB National Bank. "When sending the amount of loan repayment to the existing financial institution in the name of the party, he/she will open a Mbp passbook available for up to 30 million won.

“Along on December 12:10 on December 7, 2016, 201, the perpetrator acquired KRW 8,771,000 from the Defendant’s bank account in the name of the Defendant and acquired the money by defrauded.

On December 7, 2016, the Defendant received an instruction from a branch of Jongno-gu Seoul Metropolitan Government National Bank to “I will find this money in the counter to deposit of money in the name of passbook C” from a person who is infinitely named in the name of passbook, and withdrawn KRW 8,771,00,000, which was remitted to the national bank account under the name of the Defendant to the national bank account under the name of the Defendant, in cash, and then delivered KRW 7,71,000 among them to the person infinite, and then arbitrarily used the remaining KRW 1,00,000.

As a result, the Defendant, under the direction of the person who was unable to obtain his name, withdrawn and delivered the borrowed money, thereby facilitating the crime of fraud of the person who was unable to obtain his name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to receipts for deposit of ATM apparatus and investigation reports (as a result of search and seizure);

1. Relevant Article 347(1) and Article 32(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment.

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