logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2017.11.08 2017고단2016
사기방조
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On January 4, 2017, the Defendant: (a) heard the phrase “to obtain a loan by withdrawing the money deposited in the account in the name of the Party and delivering it to the employee who sent the money to the Party; and (b) accepted the proposal, even though it was sufficiently known that the said person in the name of the Defendant was using the account in the name of the Party for the commission of the phishing crime, the Defendant accepted the proposal, even though he was fully aware of the fact that the said person was using the account in the name of the Defendant for the phishing crime.

On or around January 9, 2017, the 201-200,000 won was transferred to the Busan Bank Account (D) in the name of the Defendant from the injured party on or around January 9, 2017, to the corporate bank account in the name of the Defendant, and to the account in the name of the F bank account in the name of the Defendant, the 13 million won was transferred from the 10th day of the same month to the corporate bank account in the name of the Defendant, and the 40 million won was transferred to the national bank account in the name of the F around the 12th day of the same month to the national bank account in the name of the Defendant.

Therefore, on January 9, 2017, the Defendant: (a) withdrawn KRW 16 million from among the KRW 20 million deposited in the above Busan Bank account under the Defendant’s name; and (b) sent the Defendant to the employee of the “the “the B leader of the Pro-Ma Savings Bank” in front of the National Bank in Busan Dong-gu, Busan.

Accordingly, the Defendant aided and abetted the crime of fraud of a person without a name by facilitating the crime when he/she acquires money from the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on transaction specifications, A copy of passbook, and mobile phone conversations;

1. Article 347 (1) and Article 32 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 347 (1) and 32 (1) of the Criminal Act (elective of imprisonment);

1. Article 32(2) and Article 55(1)3 (Accessories) of the Criminal Act (amended by Act No. 32(2).

arrow