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(영문) 전주지방법원 2017.09.27 2017고단1126
사기방조
Text

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

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

Reasons

Punishment of the crime

【The Defendant, on June 7, 2017, was sentenced to a suspended sentence of two years for the purpose of fraud at the Jeonju District Court, which became final and conclusive on the 15th of the same month.

【Criminal fact-finding on April 12, 2017, the Defendant received contact from a person who was unaware of the name of the one-person telephone financial fraud organization and received a telephone from him/her, and received the money from another person through the bank account (C) of his/her own name, and received the money from the victim, he/she received the money by fraud from the victim.

On April 13, 2017, when the Defendant calls the victim D to make a false statement as if he/she was an employee of a financial institution, and then receives an order from the victim from the victim to the above financial account of the Defendant, he/she received an order from the Defendant to transfer KRW 6 million to the above financial account of the Defendant on April 13, 2017, and at around 11:07 of the same day, he/she withdrawn KRW 6 million from the bank counter at the new bank book-dong 796-2 of the Republic of Korea, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, 796-2, and then delivered it to the non-member of the above telephone financial fraud organization.

As a result, the Defendant, as a liability for withdrawal and remittance of the telephone financial fraud organization, delivered 6 million won to the name of the telephone financial fraud organization, thereby facilitating the fraud of a person who was unable to receive the name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of confirmation of transfer issued by a branch of a military base in the Gyeongnam-do;

1. Photographs of the contents of each Stockholm conversation;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to a criminal suspect A's fraudulent judgment);

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 mitigated for aiding and abetting, and Article 55(1)6 of the same Act

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act, which relate to the criminal act of this case, relating to Bosing fraud.

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