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(영문) 춘천지방법원 강릉지원 2017.09.26 2017고단462
사기방조
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On December 26, 2016, the Defendant: (a) received a proposal from an employee of Washington Co., Ltd. to “to obtain a work loan under one’s own name and to help do so; and (b) provided an account under the name of the Defendant to withdraw money remitted to the account and then deliver the money to the account holder with no name.”

On December 26, 2016, at around 12:07, at a non-permanent location, the victim called "the bank account in the name of the victim was used for a crime in connection with financial fraud, must be investigated by the Financial Supervisory Commission, and it is necessary to investigate the financial account, and transfer the balance of the financial account to the account designated, to the account designated by the Financial Supervisory Commission," while informing the victim of the defendant's account, but the victim's account was not used for the crime.

In light of the above, the person under whose name the victim was accused of the victim and transferred 14 million won to the national bank account (E) in the name of the defendant at around 13:57 of the same day from the victim, and the defendant, on the same day, withdrawn 14 million won, which was remitted as above, in the vicinity of the station that completed 310 in Dongjak-gu Seoul, Dongjak-gu, Seoul, thereby making it easier to commit the crime of the singishing organization by delivering the said money to the singishing staff.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on deposit certificates and replys;

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 32(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. Determination of the assertion of the Defendant and the defense counsel under Article 62(1) of the Act on the Suspension of Execution and the Defendant and the defense counsel merely withdrawn and delivered the money deposited into their own account to the party in a name, reliance on the statement of the name in favor of having the Defendant and the defense counsel receive a loan from the National Bank by raising credit rating by making the details of the transactions of admission and withdrawal.

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