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(영문) 대구지방법원 2016.06.10 2016고정821
사기방조
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person whose name cannot be known is not an investigator of the prosecutor's office, but a victim C was not accused of a complaint. On October 15, 2015, the victim is a financial criminal investigation by the Supreme Prosecutors' Office and D investigator by posting a telephone to the victim.

There was a complaint against 26 international financial fraud, and it was false to transfer money to 26 people who have to inquire about the account.

A person who is not aware of the above name was accused of the victim as such and was transferred to the Saemaul Treasury Account (Account Number: E) in the name of the defendant from around 11:27 of the same day to the victim.

Around October 15, 2015, the Defendant received KRW 500,000 from a person whose name is unknown, and notified the account number of the community credit cooperative account in the name of the above Defendant, and 9 million out of KRW 16,000,000,000,000 from the branch of the community credit cooperative in the name of the Defendant at the branch of the Saemaeul branch of the Saemaeul credit cooperative in the name of the Defendant, around 1:53, at around 11:53, 6,50,000 out of the remainder of 7,00,000,000 won from the branch of the Saemaeul credit cooperative in the name of the Defendant, and at around 12:15, the branch of the Saemaeul credit cooperative in the name of the said Defendant, and 12:50,000 won out of the rest of the branch of the Saemaeul credit cooperative in the name of the said Defendant, thereby facilitating the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Return of financial transaction information (Dong-gu Saemaul Treasury), deposit certificate, and copy of passbook;

1. Application of the Acts and subordinate statutes to photographs by cutting down each CCTV course;

1. Article 347(1) and Article 32(1) of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the selection of fines;

1. Article 32 (2) of the Criminal Act, and Article 55 (1) 6 of the same Act, which provides for statutory mitigation;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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