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(영문) 서울동부지방법원 2019.05.02 2019고단659
사기방조
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On June 28, 2018, the defendant had a record of being sentenced to suspension of indictment for violating the Electronic Financial Transactions Act at the Seoul Dong District Prosecutors' Office.

On October 23, 2018, 2018, the Defendant misrepresented B staff at a non-displace and called “a high interest rate loan may be obtained if part of the existing loans are repaid at low interest rate.” The Defendant was transferred KRW 6 million from the victim’s bank account in the name of the Defendant at around 13:47 on the same day.

On the other hand, around October 19, 2018, the Defendant received a proposal from the Defendant to the effect that “the lending may be made by setting up a transaction performance and raising credit.” On the other hand, upon deposit of money in the passbook, the Defendant informed the Defendant of the account number of the said bank account on October 21, 2018, even with knowledge that the Defendant’s account may be used for the crime of Bosing.”

In addition, around 13:55 on October 23, 2018, the Defendant transferred the amount of damage to the bank account under the name of the Defendant, and around 14:13 on the same day, the Defendant released cash of KRW 6 million from the branch office of the D Bank located in Songpa-gu Seoul, Songpa-gu, Seoul at around 14:13 on the same day to the person who was under the name in the vicinity.

As a result, the Defendant aided and abetted the above crime of fraud by the person who did not receive the above name.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Certification of details of deposit transactions, warrant replies, details of transactions A submitted and dialogueed;

1. A report on investigation and documents attached thereto (the sequence 7,8 of the evidence list);

1. Application of Acts and subordinate statutes to investigation reports (Evidence List No. 10);

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 32 (1) of the Criminal Act concerning the choice of criminal facts;

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

1. The Criminal Act for the detention of a workhouse;

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