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(영문) 광주지방법원 2019.09.05 2019고단1909
사기방조
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 2019, the name-free person misrepresented the victim B by telephone to the victim B, and then "it is possible to lend at a low interest rate if he/she redeems the existing loan." The false statement was made to the account known to him/her.

However, in fact, the person who is unaware of the name did not have the intention or ability to provide the loan even if the victim deposits the money into the member of the telephone financial fraud organization.

On January 15, 2019, the person who was unaware of the name was accused of the victim and was delivered 15 million won to the Korea bank E account in the name of the defendant.

On January 14, 2019, the Defendant: (a) received a proposal from an unqualified person to withdraw and deliver the borrowed money by withdrawing the borrowed money from the borrowed money; and (b) received such proposal; (c) on March 3, 2017, the Defendant had already received the check with the account in the name of the Defendant; and (d) was aware that the Defendant could commit fraud if he withdraws and delivers money due to the enemy’s use in the fraud.

Nevertheless, around January 15, 2019, the Defendant: (a) withdrawn the above KRW 15 million from the D Bank Gang branch located in Gwangju Northern-gu, Gwangju; and (b) delivered it to the sender, thereby aiding and abetting the Defendant to commit the crime of fraud of the deceased.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (including attached documents);

1. B written statements;

1. Details of deposits, details of account transactions, application of Acts and subordinate statutes for account transactions;

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

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

1. Article 62 (1) of the Criminal Act;

1. The defendant's crime of sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime of aiding and abetting the so-called phishing crime, which is committed against many and unspecified victims, by facilitating the so-called phishing crime.

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