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(영문) 수원지방법원 2017.06.23 2016고단8373
사기방조
Text

A defendant shall be punished by imprisonment for six 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 April 14, 2016, at around 12:00 on April 14, 2016, the person in whose name the victim was named, called “the Central Branch Inspection in Seoul, but sent money to the account known as a result of the case.” The victim was notified of the post office account in the name of A and had the victim remit money to the said account.

On April 12, 2016, the Defendant received a request from a person in an unsound place to lend an account for tax saving, and accepted the request to withdraw the amount of damage to the victim deposited into the said account and deliver it to the person in an unsound name. On April 14, 2016, the Defendant transferred KRW 20 million transferred by the said victim to another corporate bank account (D) by a post office located in the Eunpyeong-gu Seoul non-dong, Eunpyeong-gu, Seoul. On April 14, 2016, the Defendant again transferred KRW 50,000 to another corporate bank account (D) of the Defendant, and then withdrawn KRW 19.5 million to deliver it to the person in an unsound name.

Accordingly, a person who is not aware of the identity of the victim by deceiving the victim, thereby deceiving 20 million won from the victim, while recognizing the fact that the above person was committing the phishing crime, the defendant, while recognizing the fact that the above person was the victim of the phishing crime, he withdrawn cash and delivered it to the person who was not aware of the name, thereby making it easier to commit the crime of fraud of the person who

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. Personal information on financial information;

1. Application of Acts and subordinate statutes governing deposit certificate;

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 32(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 32 (2) and Article 55 (1) 3 (Accessories) of the Criminal Act mitigated by Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds of sentencing as follows);

1. For the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Protection, etc., the crime of this case is deemed to have serious personal and social harm as a phishing fraud, and is also a method to commit the phishing fraud.

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