(영문) 부산지방법원 서부지원 2020.06.04 2019고단2521

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(영문) 부산지방법원 서부지원 2020.06.04 2019고단2521

사기방조

Text

A defendant shall be punished by imprisonment for one year.

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 June 20, 2019, the Defendant: (a) proposed to offer a loan to KRW 400-50 million to the interest of 10%; (b) knew that it may be related to the singinginging crime; (c) notified the Defendant of the number of account (D) in his name to help the fraud of the singisher under the direction of the singisher with awareness that it could be related to the singing crime; and (d) notified the Defendant of the number of account (D) in his name in the name of the singisher under the direction of the singisher with awareness that he would be related to the singing crime.

On 24:09:27 of the same month, an employee in the name of the Minister of Trade, Industry and Energy made a false statement to the effect that “A victim was involved in an illegal financial crime, but if a victim remitted money in the account of the victim to the national security account, he/she would be subject to a summary investigation instead of a detention investigation,” and that the employee was transferred from the victim to the said account at around 14:19 of the same month.

On the 24th day of the same month, the Defendant: (a) withdrawn the amount of KRW 16 million deposited in the said account from C located in F of Busan Island; and (b) intended to deliver it to the employees of Bosing, under his name, to the employees of the said C who were suspected of committing the crimes of Bosing; (c) but (d) failed to withdraw from the wind reported to 112 by the said employees.

Accordingly, the defendant, by facilitating the fraud of the above-mentioned person, assisted the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A certificate of details by member trading account;

1. Application of Acts and subordinate statutes to report on investigation (report on telephone statements by a victim);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 347 (1) and 32 (1) of the Criminal Act which choose a penalty;

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 committed the instant crime with the reason of sentencing under Article 62-2 of the Criminal Act.

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