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(영문) 인천지방법원 부천지원 2019.09.06 2019고단1948
사기방조
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. Around March 5, 2019, the summary of the facts charged, the Defendant, upon receiving a proposal from a name-free person who introduced himself/herself as D affiliated with C company, “In order to lower the loan interest rate due to a large number of existing loans, he/she shall accumulate transaction records, and shall withdraw money in cash and deliver money to Kwikwikset service engineers, and notify the account number (F) in the name of the Defendant.”

On the other hand, on March 5, 2019, at around 10:37, 2019, the employee of the Financial Services Commission stated that “The employee of the Financial Services Commission, who is in the name of the victim, shall be the Seoul autopsy investigator, who shall be negligent in committing fraud, and shall verify whether the head of the Tong in the name of the party is the suspect, and shall return the money deposited in the above passbook to the account under the name of the director A of the Financial Services Commission, after confirming the source.” On the other hand, the employee transferred the money deposited in the above passbook to the above E bank account under the name of the defendant at around 13:05 on the same day.”

In the past, the Defendant was aware that the lending method that was carried out by the above winners, such as making false transaction records or making false statements to the employees of the bank by obtaining loans from financial institutions in the past, and that the act of withdrawing cash and delivering it to Kwikset Service Articles may be an act of aiding and abetting the criminal conduct of scaming.

On March 5, 2019, the Defendant: (a) transferred KRW 5 million out of KRW 10 million deposited by the victim to his/her I Bank account at the Kimpo branch of the E Bank Kimpo-si, Gyeonggi-si, Kimpo-si; (b) and (c) withdrawn KRW 5 million on the same day at around 14:20 on the same day; and (d) delivered the same to K Kwipo-si, who sent the above name in front of the Lpo-si, Kimpo-si located in K at the Gyeonggi-si, Kimpo-si.

Accordingly, the defendant, by facilitating the fraud of a person who has not received a name, assisted it.

2. Determination

A. The act of aiding and abetting under the relevant legal doctrine is committed with the knowledge that a principal offender commits a crime.

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