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(영문) 부산지방법원 2020.11.11 2020고단2843
사기방조
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 October 26, 2019, the Defendant: (a) received a proposal stating that “the Defendant would deposit the company’s money with a view to raising the transaction performance by withdrawing it; and (b) was aware of the fact that the act of the said person without a name constitutes a crime of telephone financial fraud; (c) knew that the act of the said person without a name constitutes a crime of telephone financial fraud, he/she would have known his/her name and the account number to the person under the name of the person under the name of the person under the name of the person under the name of the person under the name of the person under the name of the person under the name of the person under the name of the person under the name

On October 23, 2019, an employee of the telephone financial fraud assistance in the name of the victim B made a false statement to the effect that he/she sent money under the name of repayment of existing loans and deposit money in the name of the victim B from the French land. Accordingly, on October 29, 2019, he/she received 25,000,000 won from the victim’s account in the name of the defendant Cbank (D).

around 13:38 October 29, 2019, the Defendant withdrawn KRW 24,00,000 from the closing point of the C Bank in Jongno-gu Seoul, the sum of KRW 550,550,000 from the branch office of the C Bank’s mining operations in Suwon-si, Suwon-si, at around 16:08, at the end of the C Bank’s branch office in Jongno-gu, Seoul, and made it easy for the Defendant to commit the crime of false names, in such a way as to attract the victims from the upper end of the 2th calendar month above.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on details of deposits transactions;

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 reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had a record of being sentenced to suspension of indictment for the same kind of crime, has again committed the instant crime, and the victim's damages are realized, and the nature and circumstances of the crime are very high.

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