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(영문) 광주지방법원 2018.03.15 2017고단5502
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 May 25, 2017, the Defendant received a proposal from a person without the name of the Defendant’s cell phone to withdraw and deliver the money deposited in the deposit account under the name of the Defendant in cash from a person without the name of the Defendant, and consented to lending KRW 3 million, and then notified the account number (C) of the agricultural bank account under the name of the Defendant to the person without the name of the Defendant.

The Defendant had already received a loan, and there was no confirmation as to what kind of employee of the lending company and where the Defendant and the bearers of the monetary name are the employees of the lending company, and whether the lending company is any employee of the lending company, and the employees of the financial institution provided false explanation as to whether the cash was not withdrawn by the lending company, and that the amount deposited into the account under the Defendant’s name may be the amount of damage to the crime of the fraud of Bosing.

I think.

Nevertheless, the Defendant, on May 29, 2017, calls from the victim D on May 15:16, 2017 without the intent or ability to make a loan, and makes it easy for the Defendant to commit the crime by making a false statement to the effect that “A loan may be partially repaid at a low interest rate of 7.4%,” and allowing the victim to use the account in the name of the Defendant in taking over KRW 8 million from the Nong Bank account in the name of the Defendant to the Nong Bank account in the name of the Defendant. On the same day, around 15:56, 15:56, the Defendant deposited KRW 8 million deposited in the Agricultural Cooperatives in the name of the Defendant, which is located in Gwangju Northern-gu, Gwangju Northern-dong, to the other designated person.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Details of replies to each financial transaction;

1. Application of the Act on Investigation Report (Submission of Kakao Stockholm Copy)

1. Article 347 (1) and Article 32 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 347 (1) and 32 (1) of the Criminal Act (elective of imprisonment);

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act

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