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(영문) 서울남부지방법원 2016.01.15 2015고단5042
사기방조
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 27, 2015, the Defendant reported an advertisement on the Internet, and contacted the name influence, and on March 31, 2015, the Defendant would pay a daily allowance if an employee of the male influence in name is simply a simple heart in the fluence near the entrance and exit of Chuncheon located in Bupyeong-si, Seocheon-si on March 31, 2015.

In response to the defect, the account number of the national bank account (Account Number: B) in the name of the defendant was informed.

On March 31, 2015, the person under whose name the victim was not the victim, called the victim C, and called the victim C on March 31, 2015. The victim accused and contacted the victims by misappropriation of the personal information of the C, and then sending the money deposited in the account in the name of C to the Financial Supervisory Service account, the victim will return the money to the victim.

“A false statement to the effect that it was “ and received KRW 38,900,000 from the injured party’s bank account in the name of the Defendant on the same day.”

At around 16:00 on the same day, the Defendant withdrawn KRW 38,900,000,000, which was transferred to the national bank account at the same branch of the National Bank Chuncheon in Seocheon-gu, Seocheon-gu, Seocheon-ro, 231, from 16:0,000 to the national bank account as above 38,00 won check in front of the national bank, 100,000 won check, 100,000 won of the check, 4 copies of the check in front of 1,00,000 won of the check were sent to the above male employee.

At around 18:30 on the same day, the Defendant returned KRW 5,00,000, out of KRW 38,500,000 received from the above male employees in cash, upon the request of the above male employees, “The branch of Gangnam National Bank shall be changed from 7:0 p.m. to 50,000 won, due to the change from 7:0 p.m. to 50,000 p.m.”

Accordingly, the Defendant made it easy to commit the crime of fraud of the above-mentioned person without his name, and prevented it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of bankbook;

1. Application of Acts and subordinate statutes to verify transaction details;

1. Relevant provisions of the Act concerning facts constituting an offense;

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