logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.01.23 2019고단2127
사기방조
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 7, 2018, 2018, the personnel in the name of the Scing Mediation Division, false statement to the effect that “it is possible to make a substitute loan at low interest if an existing loan is repaid” by misrepresenting the employees of financial institutions, and communicating the victim B to the victim B, and that it is possible to receive a substitute loan at a low interest rate. The member received 5,930,000 won from the victim through the bank account in the name of the defendant two times through the bank account in the name of the defendant at the same time as in the same day.

On the other hand, the Defendant, around December 5, 2018, proposed to the effect that “the lending may be made by means of making the transaction performance through the withdrawal process.” On the other hand, upon deposit in the passbook, the Defendant received a proposal from the Defendant’s employee, who was aware of the fact that the Defendant’s account may be used for the crime of Bophishing, informed the Defendant of the account number of the said Cbank’s account holder at around that time, and then tried to deliver it to the Nonparty around that time after withdrawing KRW 5.9 million out of the above damage amount from the C Bank’s branch located D bank located in Sung-si around December 16:00, 2018.

Accordingly, the defendant, by facilitating the above fraud of the above-mentioned person, assisted the above fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of remittance;

1. Application of Acts and subordinate statutes on dialogue content;

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 voiceing crimes, social harm is serious and is not easy to recover from damage as a systematic and intelligent crime where a large number of victims are massed.

arrow