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(영문) 대전지방법원천안지원 2020.12.18 2020고단1770
사기방조
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2020, the Defendant: (a) received a proposal from an employee of the telephone financial fraud assistance company, who was aware of the fact that the Defendant reported and contacted an oral advertisement stating “the large amount of know-how”; and (b) accepted the proposal that “on deposit with the account opened at the home and after receiving cash, the Defendant would pay for the cash transfer of the crime of telephone financial fraud.” (c) decided to take charge of the role of delivering the cash by means of telephone financial fraud.

On June 1, 2020, the under-name winners sent the “C Bank Magazine loan promotional text” message to the victim B’s phone number at an irregular location. On June 3, 2020, the victim misrepresented the victim’s staff at a financial institution on June 3, 2020, and misrepresented the victim to the effect that “the lending was made in a different place, and it is not discovered at the source of gold impression that would have to be refunded the existing loan to the victim.” In other words, the Defendant misrepresented the Defendant to the effect that “the lending should be refunded to the Plaintiff.”

At around 14:00 on June 3, 2020, the Defendant received from the victim a cash of KRW 8 million in front of Pyeongtaek-si D, and at around 15:00 on the same day, he received KRW 10.1 million from the F convenience store in Pyeongtaek-si E, and deposited it into an account designated by the winners of the name-free passbook.

As above, the Defendant aided and aided the crime of telephone financial fraud by a person who has failed to obtain his name.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. The application of the Acts and subordinate statutes on telegram dialogues sent and received between the victim and the suspect, on-site photographs, investigation reports (name-free 2) to vehicles operated by the victim and the suspect (name-free 1) to the Kakakakao Stockholm dialogues, CCTV image-fag photographs, A and the suspect name-free 1;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 347 (1) and 32 (1) of the Criminal Act which choose a penalty;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. As to the crime of aiding and abetting the sentencing of Article 62(1) of the Criminal Act

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