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(영문) 대전지방법원 2019.06.26 2019고단1464
사기방조
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 2018, the Defendant: (a) received a proposal and accepted the loan from an employee of Bosing phishing (one person “B”) under his/her name that he/she came to know in contact with the Defendant that he/she would be able to borrow a loan at a low interest rate; (b) he/she sets up the credit rating by accumulating the transaction performance of the deposit money in one manner; and (c) withdrawn the table to deposit money into the new account and delivered it to the employee who sent it.

Around December 13, 2018, an employee in the name light refers to the false statement that “a loan may be made at an interest rate of 3.5% up to 50 million won by ordinary people loan, and must be repaid to the designated account in the case of an existing loan.” From December 13, 2018, the said victim transferred KRW 7.86,00,000 to the D E Association (F) account in the name of D on December 13, 2018; around 09:38, December 14, 2018; KRW 6 million to the H Bank account in the name of G (I); around 11:51 on the same day; KRW 9 million to the post office account in the name of J (K) account in the name of the Defendant at around 14:36 on the same day; and KRW 1 million to the Defendant Association account in the name of the Defendant at around 14:36 on the same day.

On the other hand, the Defendant, subject to the direction of the staff of the Singishing (one-time “B”), withdrawn KRW 10 million from the Ossing point of view located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju on December 14, 2018, and delivered it to the person who was waiting before the L Union.

As a result, the Defendant aided and abetted the crime of phishing fraud of a person without a name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 32 (1) of the Criminal Act concerning the choice of criminal facts;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The circumstances below the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the age, occupation, character and conduct, family relationship of the defendant, and the period before and after the crime is committed.

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