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(영문) 서울동부지방법원 2019.11.28 2019고단3046
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 became final and conclusive.

Reasons

Punishment of the crime

On February 2, 2019, the Defendant searched “loan” through the Internet and received a proposal from an unsatisfyer of the name “to withdraw and take 2% of the amount of withdrawal from the face-to-face bank account” from the unsatisfyer of the contact. The Defendant, despite being aware that the aforementioned unsatisfyer was seeking to commit the crime of using the satisfing, notified the name unsatfyer of the number of bank account in the name of the Defendant, and, upon the deposit of the satisfing damage amount, sentenced

Accordingly, on February 20, 2019, when the number of account numbers in the name of the Defendant were delivered, the Defendant sent a false text message to the victim C, “IgraPC 489,000 won expected to be settled,” and reported the false text message to the investigation agency, and misrepresenting the victim to the investigation agency, and sending money in the account under A’s name to B bank account in the name of A as it is necessary to trace the account due to the massive passbook in the fraud case. If confirmed, I shall restore the money to the original account within 30 minutes.” At around 15:50 of the same day, the victim wired the above B bank account in the name of the Defendant to the above B bank account in the name of the Defendant.

Accordingly, the defendant, by facilitating the fraud of a person who has not received a name, assisted it.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. C’s statement;

1. Application of a copy of deposit details and the response statutes requesting the provision of financial transaction information;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 347 (1) and 32 (1) of the Criminal Act which choose a penalty;

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

1. The sentencing criteria do not apply to a crime of aiding and abetting the sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below).

1. Imprisonment with prison labor for not more than five years;

2. In the case of sentence-making and licensing crimes, social harm is serious as a systematic and intelligent crime that helps a large number of victims.

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