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(영문) 대전지방법원 천안지원 2019.10.31 2019고단1931
사기방조
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 1, 2018, the Defendant: (a) received a proposal from an employee of the lending company, who misrepresented him/her in the name of the lending company “B, to create and lend a lending performance; and (b) informed him/her of the account number in the name of the Defendant when informing him/her of the account number in the name of the Defendant; (c) notified him/her of the account number (D) of the account number in the name of the Defendant in the name of the lending company in the event of informing him/her of the account number in the name of the Defendant.

On September 23, 2018, an employee of the Ssingishing Mediation Division called “the request to send a loan of KRW 25 million at low interest rate to the F Bank employees,” and falsely called “the request to dispatch the necessary expenses for the loan.” On October 4, 2018, the employee transferred the above C Bank account under the Defendant’s name to the said C Bank account on October 10, 2018, and 2.3 million won from the said account on October 10, 2018, to the Defendant’s co-ordinor G, each of which was deposited in cash, and the Defendant withdrawn the payment from the Defendant’s co-ordinor G in cash, and made the Defendant transfer the deposit passbook without the name to the non-deposit account designated by the Esing Organization.

Accordingly, the Defendant aided and aided the criminal act of fraud by the personnel using name phishing assistance.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Statement to E by the police;

1. A written petition;

1. Application of Acts and subordinate statutes on the details of withdrawal transactions, such as the statement of payments, response details by financial institutions, and account transactions;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 32 of the Criminal Act concerning the crime. Article 347 (Selection of Imprisonment);

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is to recognize and reflect the defendant's wrongness, and there is no record of the crime except the punishment of fines due to the crime of violating the Road Traffic Act in 2012, and it seems that the crime of this case was committed definitely.

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