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(영문) 대전지방법원 2018.06.27 2017고단4727
사기방조
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On September 2017, the Defendant received a proposal that he would withdraw the money deposited from a person without his name to the Defendant’s account, and would offer 2% of the amount delivered to the person with no name to the designated person in whose name the money was delivered as a commission.

On September 13, 2017, by misrepresenting the staff of the prosecutor's office on September 13, 2017, the victim B was used for the crime of fraud by misrepresenting the victim B with a telephone call, so the victim's passbook was now used for the crime of fraud, so the victim deceivings the victim to the purport that he would return the money in the current name of the victim to the account in the name of the defendant, confirming whether the money is related to the crime and then returning it.

On September 13, 2017, the Defendant withdrawn 15 million won from the above damage deposited in the Defendant’s account at the location of Seo-gu, Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon, at around 14:32.

As a result, the Defendant aided and abetted the crime of fraud of a person without name.

2. Relevant legal principles

A. The establishment of facts constituting an offense in a criminal trial shall be based on strict evidence of probative value, which leads a judge to a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the degree of conviction, the determination shall be based on the defendant’s interest even if there is suspicion of guilt.

B. Aiding and abetting refers to a direct or indirect act that facilitates the commission of a principal offender with the knowledge that the principal offender is committing a crime. As such, aiding and abetting a principal offender should have the intention to assist the principal offender and to the effect that the principal offender’s act constitutes an act that satisfies the requirement of organization.

(c)

On the other hand, in the case of uncertainty of the occurrence of the result, that is, in the case of uncertainty of the occurrence of the result, there is no clear predictability of the occurrence of the result, but the possibility of the occurrence is recognized.

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