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(영문) 전주지방법원 2017.11.29 2017고단1886
사기방조
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2017, the Defendant received money from a person who was not aware of the name of the telephone financial fraud organization in his name from the victims through the Agricultural Cooperative Account (C) of his own name, with the intention of delivering the money to the victims.

On February 27, 2017, the Defendant: (a) made a false statement as if he/she was a member of the Korean bank by phone calls to the victim D; and (b) received 16 million won from the victim to the above financial account of the Defendant on the same day from the victim; (c) received the order from the victim; (d) agricultural cooperatives located in Seoul on the same day; and (e) withdrawn the amount of money equivalent to 50 million won from the point of peace to the check; and (d) delivered the money to the employee by exchanging the money in cash at the point of peace; and (e) delivered the money to the employee by exchanging the money in cash at the point of peace; and (e) on the same day, the Defendant sent the money equivalent to 50 million won to the said bank near each of the above banks.

As a result, the Defendant, as a liability for withdrawal and delivery of the telephone financial fraud organization, delivered a total of 36 million won to the names of the telephone financial fraud organization, thereby facilitating the fraud of those who have not been killed in name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of deposit verification;

1. Application of Acts and subordinate statutes of subparagraph (A) of a search and inspection warrant;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 32 (1) of the Criminal Act concerning the selection of punishment for the crime (elective of imprisonment);

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The so-called Bosing crime, such as this case’s reason for sentencing Article 62-2 of the Social Service Order Criminal Act, is a crime of deceiving a large number of unspecified people in a systematic and professional manner by sharing the roles of a large number of people.

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