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(영문) 부산지방법원 2017.01.18 2016고단7773
사기방조
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On February 27, 2016, the Defendant received a proposal to the effect that “the Defendant transferred a personal account in order to obtain a loan, and transferred money deposited in the account to the designated account by transferring the money from the account to the designated account,” which was known through Internet search at the Defendant’s residence in Busan-gu, Busan-gu.

The defendant may be used for committing a fraud if he/she has a person who has no statement of fact use his/her account.

In March 2016, the first police officer sent a copy of a passbook connected to the Defendant’s bank account (D) using mobile phone Kakao Stockholm message at the same place, and sent a business operator’s registration certificate issued in the name of the Defendant, a certificate of personal seal impression, etc. to the victim.

After that, at a place where it is difficult to know on March 15, 2016, the above person’s name was sent a message to the effect that he/she used his/her mobile phone to the victim E as if he/she was F, who was the victim’s f, and that he/she was to lend money to the victim, and that he/she was to receive 5.8 million won from the victim to the above bank account.

On the same day, the Defendant continued to pay 5.8 million won to the Gwangju Bank account (H) in the name of G from the person who was in the name of G on the same day, but did not transfer the said money to the account by using a mobile phone, but did not transfer it to the wind, the payment of which is suspended by the victim’s report.

Defendant 1 made it easy for the Defendant to commit the crime of fraud of a person without his name, thereby aiding and abetting the crime of fraud of a person with no name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Transfer details, the Stockholm text message details, and the bank transaction application;

1. Application of the Kakao Stockholm legislation

1. Relevant Article of the Criminal Act and Articles 347(1) and 32 of the Criminal Act concerning the selection of criminal facts

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