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(영문) 춘천지방법원강릉지원 2020.11.06 2020고단608
사기방조
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 20, 2019, when a person assumes the victim B by telephone at a non-place on the name of November 20, 2019, he/she falsely speaks that "it is possible to lend an existing loan to a low interest rate substitute loan if he/she redeems the existing loan," and thus, he/she had the victim transfer KRW 10,000 to the D bank account (E) in the name of the defendant on November 27, 2019 for repayment of the existing loan.

On November 27, 2019, when the Defendant withdraws money deposited from the said member’s account in cash, the Defendant would be paid part of the money as an allowance. On November 27, 2019, the Defendant withdrawn KRW 9,700,000 out of the amount of damage deposited into the said account in cash, and then delivered it to the account holder’s account under his name in Gangnam-si F.

Accordingly, the Defendant, after receiving and withdrawing the money from the singishing damage, assisted the Defendant by delivering it to the employees of the singishing operations, thereby facilitating the fraud of the singishing employees.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the defendant concerning the defendant's partial statement in the prosecution;

1. Application of Acts and subordinate statutes, such as a detailed statement of financial transactions, text records, telephone conversations, and a statement of diagnosis of financial fraud when withdrawing cash in a large amount on the B’s statement;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Articles 347(1) and 32(1) of the Criminal Act concerning the choice of punishment, statutory mitigation of punishment, Articles 32(2) and 55(1)6 of the Criminal Act;

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

1. The Defendant alleged to the effect that there was no criminal intent since he/she had been unaware of his/her intention of fraud until he/she found the money regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act. However, the Defendant’s act of lending the means of access in relation to the crime of Bosing was committed, and there was a history of criminal punishment for six months prior to the occurrence of the act of lending the means

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