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(영문) 대전지방법원 2018.05.18 2017고단4827
사기방조
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 3, 2017, the Defendant has to have the details of the transaction of the deposit and withdrawal to receive a loan from a person who is in the name of the Defendant.

A proposal was received to the effect that the account can be deposited with the head of the Tong to the effect that the account can be deposited is "Ba as a revenue source."

In fact, since the Defendant was suspected of violating the Electronic Financial Transactions Act from around 2015 to 2017, and was subject to a disposition that he was not suspected of having been committed more than three times, the Defendant may be used for the crime of fraud if the Defendant had his nameless person use his account.

However, on August 3, 2017, a statement of transactions with KEB account (C) in the name of the defendant, a certified copy of the defendant's resident registration, etc. was sent by facsimile to the person who was missing.

After that, at around August 3, 2017, the person without the name was transferred KRW 8 million to the KEB bank account in the name of the above Defendant on August 7, 2017, by means of a mobile phone to the effect that “the person without the name shall obtain loans from capital and repay immediately to the bank account in order to open a Mabsp passbook” while working for the victim D using the mobile phone as an employee of the national bank. The person under its jurisdiction was transferred KRW 10 million from the victim to the new bank account in the name of E in the name of the said one bank account under the pretext of repayment of loans.

On August 7, 2017, the Defendant received an order to transfer the money deposited in the account under the name of the Defendant from the person under the name of the Defendant to the account (G) in the name of F, and transferred KRW 10 million deposited in the account under the name of the Defendant at the location of the KSB bank located in the ceiling to the said account in the name of F.

Defendant 1 made it easy for the Defendant to commit the crime of fraud of a person without his name, thereby aiding and abetting the crime of fraud of a person with no name.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the protocol concerning the examination of the suspect to the prosecution or the police against the defendant;

1. Statement made by the police against D;

1. A detailed statement of the transactions from entry, a statement of financial transaction information in KEB bank, and a written reply to inquiries, such as criminal history, and a written decision of non-prosecution;

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