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(영문) 인천지방법원 2016.11.03 2016노1077
사기방조
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the defendant believed that the account in the name of the defendant was used for illegal sports gambling, and did not know that he was used for the crime of phishing fraud, the defendant's act of disclosing the account number in the name of the defendant and withdrawing the money does not constitute the crime of aiding and abetting fraud.

B. The sentence imposed by the court below on the defendant (six months of imprisonment, two years of suspended execution, two years of social service, 120 hours of imprisonment) is too unreasonable.

2. Determination

A. On June 8, 2015, the summary of the facts charged is as follows: (a) the Defendant was offered to lend the passbook from an unqualified person for a three-month period; (b) the Defendant was suspected of being aware that he/she would be an unqualified employee of the above type of fraud; (c) on June 9, 2015, he/she was informed of the Defendant’s name bank account (C) by telephone from an unqualified person; (d) around 11:00 on June 9, 2015, he/she received the above money from the victim D (the 84 years old), and then, (e) received the money from the victim’s name and the 1.5 million won from the victim’s account; and (e) then, (e) then (e) then (e) then (e) then (e) then (e) then (e) then (e) then (e) then (g) then (e) then (g) then (e) then (g) then (g) then (g) the Defendant’s name and the Defendant’s bank account.

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