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(영문) 광주지방법원순천지원 2020.10.23 2020고단1029
사기방조
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2019, the Defendant: (a) received a proposal from the head of Bosing C, one-person, the organization of Bosing C, who misrepresented B staff by putting a phone call, to the effect that “I would proceed with a loan by raising transaction performance; (b) if money is deposited, I would withdraw and deliver it to the employee; and (c) notified C of the DNA Association account in the name of the Defendant and its password; and (d) when money is transferred to the D Association account in the name of the Defendant, C would have been withdrawn and delivered to C.

Around October 4, 2019, the above C made a false statement to the victim F to the effect that “a loan would be made if part of the existing loan would be repaid” to the victim F, and around that time, it was transferred from the victim G to the victim’s D Association account in the name of the Defendant, with the same purport as above, KRW 2 million around October 8, 2019, and from the victim F around October 10, 2019, the sum of KRW 33.5 million was transferred from the victim F to the victim’s D Association account in the name of the Defendant.

After that, on October 10, 2019, the Defendant: (a) sought an explanation from employees of the counter of the bank to take out cash at the counter of the D Association branches where the specific location is unknown according to the order of the above C; and (b) made an explanation of the singishing; and (c) made an explanation of the singishing; and (d) made it possible for the Defendant to fully recognize that the order of the C was a refund for the crime of singishing; (b) delivered a total of KRW 3,50,000 to employees of the singish merchants sent by the above C twice.

Accordingly, the Defendant, by facilitating the above C’s fraud crime, assisted it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. One copy of the details of entry and withdrawal transactions;

1. Search and seizure warrant, reply materials and reply materials;

1. Two copies of the high-amount cash withdrawal slip;

1. Application of two Acts and subordinate statutes to the details of deposits and transactions;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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