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(영문) 서울북부지방법원 2016.09.22 2016고정1576
사기방조
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 17, 2015, the Defendant: (a) heard the rumor that “I would like to make loans available from a person who assumes a false name as a borrower and deliver the money deposited in the account under the Defendant’s name to a person who withdraws the money and deliver it to the sender; and (b) accepted the proposal by the Defendant with knowledge that the said person would use the Defendant’s account in the name of the Defendant for a single scaming crime.

On August 17, 2015, on the 10:14th day of August 17, 2015, the influenites misrepresentation of the national bank C agent by telephone to the victim B, and "the head of the Tong in the name of the party was involved in the multi-level financial fraud case," so that the head of the Tong in the name of the party was bound to prevent the second damage, it refers to the money deposited in the bank account in the name of the party to be transferred to the bank account in order to prevent the second damage, and such money was acquired 30 million won from the victim to the company bank account in the name of D around 13:25 of the same day, around 14:32 of the same day from the victim, 3:5 million won from the bank account in the name of the defendant, and 15:34 of the same day from G to the bank account (H) account in the name of G to KRW 78 million.

Accordingly, on August 17, 2015, the Defendant sent the employees who were the instant winners of subway 2 No. 160, the Hong-ro, Mapo-gu, Seoul, 160, the Hong-ro, 8, and then ordered the Defendant to withdraw the money deposited in the bank account (F) in the name of the Defendant. On the same day, around 14:51, the Defendant withdrawn KRW 18 million from the red-interest branch of the Bank of Korea located in the Hong-ro, 94, Hong-ro, Ma-ro, 15:27, the same day at the branch office of the Bank of Korea located in Gyeyang-ro, 93, the same Dong Yang-ro, 15:27, and was assigned to the said employees.

Accordingly, the Defendant aided and abetted the crime of fraud of the person who was not the name of the victim by facilitating the crime in acquiring the money from the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning each of the police suspects against the accused, D, or G;

1. B written statements;

1. CCTV.

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