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(영문) 부산지방법원 서부지원 2019.06.13 2018고정1056
사기방조
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who has failed to make a statement (hereinafter "B bank C") is an employee of the "scaming" referring to the victims by deceiving the victims by putting a telephone to many and unspecified persons and misrepresenting them to a financial institution, investigative agency, etc.

Around March 18, 2018, the above person under whose name the Defendant offered to the Defendant, “I would make a fake transaction record and make a loan, if the account number is known,” and the Defendant accepted the proposal to facilitate the crime of Bosing, even though he was aware that it was the role of the “book” for the crime of Bosing.

Around March 19, 2018, an employee in charge of the above name offering a false statement to the victim D by allowing the victim to obtain a loan of KRW 20 million to E at a minimum interest rate of KRW 2.7%, by making a false statement that “When an existing loan is repaid, a loan will be made to a maximum of KRW 90 million shall be made.” On the following day, the victim acquired the loan of KRW 10 million from among them to the F bank account in the name of the defendant at least 14:57 on the following day.

At that time, the person who was unaware of the name was informed of the fact that the damage amount was deposited to the defendant from the mobile phone and the "collection book" was sent to the defendant, according to the direction of the defendant, the defendant withdrawn the damage amount from the early point of the F bank located in the Busan Dong-gu G and delivered it to the person who was waiting in the nearby atmosphere.

As a result, the defendant used the account to money laundering to the above person in the name of the defendant, withdrawn the amount of damage and delivered it to the collection book, thereby aiding and abetting the crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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