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(영문) 창원지방법원 밀양지원 2016.07.07 2016고단205
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 September 15, 2015, in collusion with the victim C, it was false to the effect that “the head of a Si/Gun/Gu is used for illegal transactions, thereby investigating the victim, and whether it is illegal funds should be confirmed by the Financial Supervisory Service,” and that “the account number, password, etc. is entered by accessing the D Internet website” was entered.

The victims of the name-free boxes, as mentioned above, were accused of the victims and deposited KRW 19,00,000 from the Saemaul Treasury E account in the name of the victim to the National Bank F account in the name of the defendant.

The Defendant, who received a proposal from an influent employee, stating that he would offer a fee for withdrawal of money from his own account, was suspected of using the Defendant’s account as a crime. However, in response to the proposal, the Defendant’s name influent employee’s account was suspected to have been used for the crime, the Defendant left 570,000 won out of the Defendant’s fee out of the amount of KRW 19,000,000,000,000 to be deposited by the Defendant’s account as above at the point of a branch office entrance at the Seoul National Bank at around 13:20 on the same day, and delivered to the Defendant’s name influent employee who was waiting outside of the bank.

Accordingly, the Defendant provided the Defendant’s nameless phishing staff with the receipt of money by defrauding the Defendant’s account under the name of the Defendant, and provided the Defendant with the nameless phishing staff to find money wired in committing the said fraud against the victim, thereby making it easy for the Defendant to commit the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 32 of the Criminal Act concerning the selection of criminal facts, and the choice of imprisonment;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (in the absence of agreement, the same kind of criminal record, reflectivity, degree of participation, etc.).

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