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(영문) 의정부지방법원 2017.04.20 2016고단5400
사기방조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 6, 2015, the Defendant in violation of the Electronic Financial Transactions Act received a proposal from an employee operating at Washington to lend “the account”.

On the same day, the Defendant transferred to the singishing staff two copies of the C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-S-C-S-C-S-C-S-C-S-S-C-S-S-S-S-S-S-

2. The Defendant, with knowledge of the fact that the access medium to one’s own account would be used for the commission of fraud, such as hosting, etc., transferred a e-mail card connected to the account of the Bank at the Bosing Organization, as described in paragraph 1.

On June 9, 2015, the 2015 Boscam control employee who received the e-mail card will make a loan to the victim E with a low interest rate (8.5%) while misrepresenting the NH Capital staff.

under the pretext of raising credit ratings;

In other words, the phrase “ was false.”

On June 15, 2015, 200 won was transferred from the victim to the bank account of 2,986,000 won.

Accordingly, the Defendant, by transferring the access media to the singishing operation staff, made it easy for the Defendant to commit the fraud of the singishing operation staff.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Inquiry into the detailed statement of transactions of deposits and withdrawal, the receipt of deposits without passbook, the details of account transactions, and the details of transactions on financial transaction networks;

1. Application of Acts and subordinate statutes on the record of deposit transactions and the details of new bank account transactions;

1. Articles 49(1)1 and 6(3)1 (a) and 347(1) and 32(1) of the Criminal Act concerning facts constituting an offense (a point of aiding and abetting fraud) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (which shall be between the crimes of violating the Electronic Financial Transactions Act);

1. Selection of each sentence of imprisonment;

1. Article 32(2) and Article 55(1)3 of the Criminal Act mitigated for aiding and abetting (limited to accessories and aiding and abetting fraud)

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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