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(영문) 전주지방법원 군산지원 2017.10.13 2017고정259
사기방조
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On December 20, 2016, the name influor of the organization of the phishing crime committed by the name influorous boxes was transferred 13 million won in total to the account of the former North Korean bank in the name of A, around December 28, 2016, to the victim B by telephone at a place where the location cannot be known. “In order to apply for a loan, the Government shall obtain a credit guarantee to the Asset Management Corporation, and there is a lack of credit rating to obtain a credit guarantee, and then it was transferred from the victim to the account of the former North Korean bank in the name of A, around December 28, 2016.

2. On December 12, 2016, Defendant A’s crime of aiding and abetting the fraud was proposed to the effect that “The Defendant would transfer money to the current name bank account, to the one who sent the money by cash withdrawal, and if the said deposit and withdrawal work are repeated, he/she may obtain a loan by getting credit rating higher.” On the same day, the Defendant sent a copy of the passbook connected to the former name bank account in the name of the Defendant, a copy of the resident registration certificate, etc., and then withdrawn KRW 13 million from the former name of the Defendant to the North bank account in cash, and the said person who sent the said name to the person who sent the money.”

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 examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on response data from the former North Korean bank;

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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