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(영문) 서울중앙지방법원 2017.08.17 2017노2059
사기방조
Text

The judgment of the court below is reversed.

The accused shall disclose the summary of the judgment of innocence.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and improper sentencing) did not have the awareness that the Defendant was able to assist the criminal defendant in the phishing crime and the principal offender did not have the intention.

The punishment sentenced by the court below is too heavy.

2. Summary of the facts charged and the judgment of the court below

A. On June 10, 2016, the summary of the facts charged is sent to the victim D letters that may be loaned from the Nonghyup around June 10, 2016.

In this case, this victim made a false statement to the effect that "if a loan is transferred to the account to which the amount of the loan is designated after being granted by the company providing the loan, due to low credit rating, it would make the loan at a 3% interest rate," and in this context the victim deposit KRW 7 million with E bank account in the name of E, and on June 14, 2016, the victim made the victim deposit KRW 7 million with the new bank account (G) in the name of the Defendant on the ground that the amount falls short of the credit rating, and then acquired it by means of having the Defendant withdraw and deliver the above KRW 7 million.0 million.

On June 13, 2016, the name Buddhistist called the victim H to obtain a loan from the Agricultural Cooperative, and made a false statement that "if he/she intends to obtain a loan from the other credit business entity, he/she will immediately obtain a loan from the other credit business entity because it has a little shortage of credit, he/she will go up with the credit." This means to have the victim deposit the above amount of KRW 15 million with the above account in the name of the defendant, and then to have the defendant withdraw and deliver the above amount of KRW 15 million by fraud.

The Defendant, on June 9, 2016, in order to assist the Defendant in receiving money from the victims as above, pursuant to the order of a non-named person of the above account to enter the account number in the name of the Defendant, and to hear on June 14, 2016 the statement that the money was deposited in the above account from the non-named person of the named person of the Defendant, and to withdraw and deliver the money, he shall withdraw KRW 7 million deposited in cash from this branch of the new bank distributor of the Seocho-gu Seoul Seocho-gu Bank in the named person of the non-named person of the Seoul Seocho-gu to the above account.

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