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(영문) 수원지방법원 성남지원 2018.01.24 2017고단3084
사기방조
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The telephone financial fraud organization generally assumes the role of the victims, such as "total liability" that leads the victims to transfer a certain amount of money to the so-called presidential account prepared in advance by misrepresenting the victims or iceing a loan, and ordering the victims to transfer withdrawals, etc. to his/her assistant, "passing the cash deposited into the presidential account" that prohibits withdrawals, "passing the withdrawals" that collects the withdrawn money, and "passing the withdrawals" that collects the withdrawn money, and is operated in the form of a highly occupied organization in preparation for arresting the victims.

On May 29, 2017, the name Buddhistist assumes the position of the National Agricultural Cooperative Federation staff from 13:00 on 29:5.20 on 2017, and calls from the victim B to “a loan will be made with more than 3% of the existing loan.”

In order to repay existing loans, it is possible to send money.

In other words, the phrase “assumed” was false.

However, a person who is not a member of the Agricultural Cooperative Federation is not a member of the Agricultural Cooperative Federation, but has no intent to lend money to a victim.

On May 29, 2017, a person in non-name was transferred from the injured party the total sum of KRW 15 million to the national bank account (Account Number C) in the name of the accused on three occasions.

The Defendant, even though he was aware that the Defendant had committed the so-called fraud of telephone financing fraud as above, was aware of the fact that the Defendant, at around May 29, 2017, withdrawn KRW 15 million in cash, which is the victim’s possession, at the dong branch of the National Bank in Gwangju City, 27, a around May 29, 2017, pursuant to the direction of the person without his name, at the above bank’s name, and then 15 million won to the person who sent the victim’s name before the above bank.

By doing so, the Defendant was able to withdraw cash remitted by deceiving a person who was killed in the name of a person who was killed in the name of a person who was killed in the name of a third party, thereby making it easier to commit the above fraud.

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. A detailed statement of deposit transactions;

1. Search and seizure inspection warrant and reply materials;

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