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(영문) 수원지방법원 안양지원 2019.10.11 2019고단1337
사기방조
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 2018, the Defendant received a proposal from Dozon B, a branch of Dozon, that “I will transfer money from a foreign country, and I will withdraw money with a few million won of fees and make a withdrawal of money with a fee.” The Defendant accepted the proposal.

On October 8, 2018, when misrepresenting the victim C to make a loan of KRW 70 million, it is difficult to make a loan due to the lack of credit point 20,000. Since it is possible to make a loan due to the lack of credit point 20. When the existing loan is repaid, it is necessary to transfer the existing loan to an account notified by us. It is necessary to transfer the existing loan to the account notified by us. On October 15, 2018, it is necessary to make a false statement that the victim acquires KRW 17,246,062 from the F bank account (G) in the name of the defendant.

On the other hand, the Defendant knew that the money deposited into the Defendant’s account, such as B’s act of lending illegal work loan, and the account lent to B prior to the suspension of transaction, etc., could be deposited in the Defendant’s account on October 11, 2018, pursuant to the direction of B, the Defendant, at around 16:02, withdrawn KRW 6 million from the Defendant’s above FF Bank’s account in the name of the Defendant from the ATM instrument located in PTM instrument located in Ho-dong, Chungcheongnam-dong, Nam-dong, Namyang-dong, Yangyang-si, and sent KRW 6 million to B, so that B may deliver it to the Defendant’s company bank account (H) in the name of the Defendant.

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 to C by the police;

1. Application of Acts and subordinate statutes of search, seizure and verification warrant reply;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 347 (1) and 32 (1) of the Criminal Act which choose a penalty;

1. The grounds for sentencing under Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting mitigation are as follows: (a) the instant crime is organized and planned against an unspecified number of victims.

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