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(영문) 전주지방법원 군산지원 2017.11.17 2017고정309
사기방조
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 24, 2017, the name influor who was the constituent cause of the organization of the phishing criminal organization of the deceased and the name influored person may obtain a loan from the ordinary people to the victim B, “Influoring to support the private loan, if the level of the party’s loan is lowered due to the high level of the party’s loan.”

In order to lower the level of loan, if the credit card loan is obtained, and if the credit card number, password, OTP card number, etc. of the account with the loan is notified to the credit card company, the loan will be withdrawn again.

“A false statement shall be made to have the victim borrow KRW 31 million, and the victim was transferred KRW 31 million to the Agricultural Cooperative Account (C) in around 12:00 on the same day.

2. On April 24, 2017, Defendant A’s crime of aiding and abetting fraud may receive a loan with a higher credit rating if: (a) the Defendant delivered to the sender with theme to send money to the current account; and (b) the withdrawal in cash and delivery of the money to the sender at a name-free place.

“The proposal received and accepted the proposal, and the account number of the No.C. in the name of the defendant was notified to the above person, and on the same day, it was moved to the A.C. branch in the name of the defendant and requested to withdraw the amount of damage deposited from the counter to the defendant’s account as described in paragraph 1 from the counter, as described in paragraph 1.

Accordingly, the defendant could easily commit the crime of fraud of the above person without his name.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the B’s written laws and regulations;

1. Article 347(1) and Article 32 of the Criminal Act and the selection of fines concerning facts constituting an offense;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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