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(영문) 대구지방법원 서부지원 2021.02.04 2020고단1636
사기방조
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On July 17, 2019, the Defendant connected to B car page “C”, left the Defendant’s contact number by writing comments made and posted by a member of the telephone finance fraud organization, and then received a phone call from a person in an unsound name on August 17, 2019, and then released and delivered the money deposited into the said account.

In receipt of a proposal to the effect that “A person in a name has received the Defendant’s account number for the purpose of receiving a remittance of the amount of damage caused by a telephone financial fraud, he/she accepted the proposal and notified the Defendant of the number (E) of the bank account number in the name of the Defendant.

After that, on August 28, 2019, a name-free person assumes a police officer belonging to the Seoul Southern Police Station at a place where his/her address can not be known, and a victim F phone used FC as a passbook.

F. F.C. should verify whether the F.C. is related to the crime of the presidential passbook, and deposit KRW 30 million with the Financial Supervisory Service's account.

‘A false statement of 30 million won was remitted from the injured party to the above D bank account in the name of the defendant around 14:58 on the same day.

Accordingly, the Defendant, despite being aware of the fact that a member of the telephone financial fraud organization committed a crime of fraud, provided the nameless victim with the phone number of the DNA bank account in the name of the Defendant, and provided the victim with easy protection of the crime by receiving the money from the above account.

Summary of Evidence

1. Some statements made to the defendant who has made a statement in court by the prosecution concerning the interrogation of the suspect;

1. F's statement investigation records (examination of whether a suspect is suspected of aiding and abetting fraud), such as a detailed statement of deposit transactions, financial transaction information, notification of current status of financial transactions, and application of replies related to the provision of financial transaction information to the police;

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 for mitigation of aiding and abetting.

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