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(영문) 대구지방법원 2019.06.14 2019고단582
사기방조
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[Around October 31, 2018, the Defendant: (a) received a proposal from a person who was unaware of the name of the telephone financial fraud organization to the effect that “When waiting at a bank designated by the Republic of Korea, the bank will deposit the money; (b) withdrawal of the money from the bank to another accomplice; and (c) to pay the money.” (d) notified the account number in the name of the Defendant; and (e) when the victim deposits the money into the account in the name of the Defendant, the Defendant was willing to immediately withdraw the money in accordance with the instructions of the person who was not entitled to the name and deliver it to the other accomplice, and (e) attempted to assist in the crime of the telephone financial fraud of the person who was not entitled to the name of the Defendant.

[Specific criminal facts] On November 5, 2018, the victim B was sent a false message to the victim B to the effect that “on the basis of a low interest rate, it would be possible to repay the existing loan to a designated account.” The victim was given KRW 6 million from the victim’s bank account in the name of the defendant on the same day.”

On October 31, 2018, the Defendant, in order to assist the Defendant in committing a telephone financial fraud as above, informed the D Bank account (E) with the name of the Defendant. On November 5, 2018, the Defendant withdrawn KRW 6 million from the D Bank Cancer branch located in Daegu-gu, Daegu-gu, in accordance with the direction of the person who was unable to perform his name, at the D Bank Cancer branch in accordance with the direction of the person who was unable to perform his name, as above.

As a result, the defendant aided the crime of telephone financial fraud by a person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Details of financial transactions, G dialogue content, and Bosing answers and answers;

1. Application of the Acts and subordinate statutes on photographic materials and G photographic image;

1. Relevant Article of the Criminal Act and Articles 347(1) and 32 of the Criminal Act concerning the selection of criminal facts;

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