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(영문) 대구지방법원 2020.02.11 2018고단5791
사기방조
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 17, 2018, the Defendant was sentenced to a suspended sentence of two years for one year of imprisonment for fraud by the Daegu District Court for the crime of aiding and abetting, and the said judgment became final and conclusive on December 14, 2018.

On March 8, 2016, at the office located in Daegu Dong-gu, Daegu-gu B, D (Death on July 8, 2018) is the special assistant officer of the president of the F University to the victim E. The F University G medical personnel on the first floor and the coffee shop, which is constructed in the gender book, made a false statement that it would be leased to 200 million won by free contract.

At the time, the Defendant was working for the F University Gmedical Center, and the said D, as the special assistant to the president of F University, stated that “I will letter one’s guarantee in the event there is a problem with the above KRW 200 million,” by introducing the Plaintiff as the president’s special assistant to the H.

However, the above D is not a school juristic person's faculty member, but has no authority to sell the above commercial buildings. Since the FGGGGGGGGGGGGG is scheduled to open bid, there was no intention or ability to sell the commercial buildings even if it receives money from the victim.

The above D, as above, deceiving the victim and deceiving it from the victim, to the J bank account (K) in the name of the victim of the above D to KRW 100 million around March 22, 2016, the same year.

8. Around 26.26.1 billion won and a total of 200 million won were remitted and acquired by fraud.

Accordingly, the defendant assisted the above D to commit the above D's fraud by facilitating the above D's fraud.

Summary of Evidence

1. Each legal statement of witness E and L;

1. Complaints, written statements by each police officer against E, written agreements, drawings, receipts, certificates of guarantee, certificates of personal seal impression, investigation reports (Attachment to details of passbook transactions), investigation reports (M counterpart investigation), and written complaints (E);

1. Previous records: Criminal records, investigation reports (report attached to judgments) and application of respective statutes of the judgment;

1. Relevant Article of the Criminal Act and Articles 347 (1) and 32 (1) of the Criminal Act (generally and severally, the choice of imprisonment);

1. Article 32 of the Criminal Act for Assistance and Mitigation

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