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(영문) 춘천지방법원 원주지원 2019.02.20 2018고단1186
사기방조
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On September 13, 2018, the Defendant was sentenced to a suspended sentence of one year on September 21, 2018 from the original branch of the Chuncheon District Court for the violation of the Electronic Financial Transactions Act. The judgment became final and conclusive on September 21, 2018.

【Criminal Facts】

On May 16, 2018, the Defendant accepted a proposal from an employee of telecommunications fraud (so-called “Ssing”) with a name-based telecommunications fraud (so-called “Sing”)’s member to create a transaction performance and get a work loan.” The Defendant consented to the withdrawal and delivery of money deposited in a deposit account under the name of the party, and notified the account number of the bank account (C) in the name of the Defendant by telephone to the name-based person.

Around May 18, 2018, the Defendant, by phone calling the victim D and misrepresenting the victim D to the effect that “If the amount equivalent to the debt incurred to the lending company is remitted, the Defendant would be given a bank account in lieu of paying the debt amount, and then would have the victim open the Musp passbook.” The Defendant sent the amount of KRW 10 million to the above B bank account in the name of the Defendant on the same day, and KRW 7 million to the G bank account in the name of the F on May 23, 2018, and the Defendant sent the amount of KRW 10 million to the said bank account in the name of the Defendant at around 11:30,000,000,000,000 won, which was remitted to the above account in the name of the Defendant in Seoul Special Special Metropolitan City, at around 11:30, the Defendant sent the amount to the Pusp’s name to the said employee in the name of the Defendant.

Accordingly, the defendant aided and abetted the crime of fraud by the above-mentioned person, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each internal investigation report and each investigation report;

1. Application of statutes concerning criminal records;

1. Article 347 (1) or 32 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The Criminal Act dealing with concurrent crimes;

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