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(영문) 대전지방법원 2020.07.22 2020고단1340
사기방조
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 25, 2019, the name omitted person, who is the cause of the Singishing organization, made a false statement to the victim B by phone calls to the victim B, and by misrepresenting the victim B to “to give a low interest loan if he/she pays an existing loan,” and then acquired it by deceiving the victim at around 11:05 on September 26, 2019, by allowing the victim to transfer KRW 19.5 million to the DNA bank account (E) account in the name of the defendant.

The Defendant offered the Defendant’s account to assist the Defendant in committing the above phishing as above, and transferred KRW 10 million out of KRW 19.5 million to the F Bank account in the name of the Defendant, in accordance with the direction of the person who was unable to receive the name on the same day, and withdrawn KRW 9.5 million out of KRW 19.5 million at the point of residence on September 26, 2019, at Daejeon Seosung-gu, the Defendant released KRW 19.5 million out of KRW 19.5 million at the point of residence on September 26, 2019, and then, at around 12:50, Daejeon, the Defendant sent KRW 9.5 million to the non-indicted male who sent out the name of the deceased before the withdrawal at around 3:36,00,000 to the F Bank account in the name of the Defendant at around 11:36,000,000,000 won, which was transferred from around 13.5,0360.

Summary of Evidence

1. Partial statement of the defendant;

1. B written statements;

1. B’s petition;

1. Requests for cooperation in each investigation (CCTV) and requests for cooperation in each investigation;

1. A receipt for entrance fees and requests for financial transaction information and replys;

1. Data submitted, such as the details of Kakao dialogue;

1. Application of the Acts and subordinate statutes on replys to the D Bank, withdrawals of a large amount or remittance;

1. Article 347 (1) of the Criminal Act and Articles 347 (1) and 32 (1) of the Criminal Act concerning the applicable criminal facts, the choice of fines;

1. Determination on the assertion by the Defendant and his/her defense counsel under Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting mitigation

1. The defendant is guilty of the assertion.

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