How many years have you been sentenced to running errands to withdraw money in Korea?

Informed explanation is not subjective and intentional, and does not constitute the crime of money laundering. If there are facts that help to sell stolen goods, it is best to surrender, make meritorious deeds, forgive the victims, and actively eliminate social harm, which will help to reduce punishment.

The subjective expression of money laundering crime is intentional, that is, the perpetrator knows that his behavior is to cover up the illegal income of the crime, conceal its existence and nature, and deliberately do it for the benefit, and hopes that this result will happen. If you don't know subjectively, it doesn't constitute the crime of money laundering. The specific sentencing time of an unwitting teller of telecom fraud needs to be judged according to the actual situation. An accomplice who constitutes the crime of fraud needs to bear criminal responsibility.

legal ground

Article 266 of the Criminal Law stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

The crime of fraud (Article 266 of the Criminal Law) refers to the act of fabricating facts or concealing the truth for the purpose of illegal possession, and defrauding a large amount of public and private property.

Second, the composition of the crime

Fraud makes the other party have a wrong understanding, which is caused by the fraud of the actor; Even if the other party has some misjudgments, it does not prevent the fraud from being established. Between fraud and the disposition of property by the other party, it is necessary to introduce the misunderstanding of the other party; If the other party disposes of the property due to fraud and does not cause misunderstanding, it is not a crime of fraud. As long as the fraudulent party asks for the person who has the authority or status to dispose of the property, he should not ask for the owner or possessor of the property. By providing false statements and false evidence to file a civil lawsuit, the actor makes the court make a judgment in favor of himself, thus obtaining property, which is called litigation fraud and constitutes the crime of fraud.

The crime of fraud requires the victim to dispose of property after falling into a wrong understanding, including disposition behavior and disposition consciousness. This requirement is to distinguish fraud from theft. Disposing of property is manifested as direct delivery of property, or commitment of the actor to obtain property, or commitment to transfer property interests. If the perpetrator commits fraud and makes others give up their property, and the perpetrator picks up the property, he should also be punished as fraud. However, the act of putting a piece of metal similar to a coin into a vending machine to obtain goods in the vending machine does not constitute fraud, but only theft.

After the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property. According to this article, it is a crime to defraud a large amount of public or private property. According to the relevant judicial interpretation, if the amount of fraud is large, it will start from 2000 yuan. But this does not mean that attempted fraud does not constitute a crime. Attempted fraud, if the circumstances are serious, should also be convicted and punished according to law. What needs to be studied is whether the perpetrator paid something of equal value while using fraud to defraud property, which constitutes a crime of fraud. Some people think that the damage caused by fraud refers to the reduction of the victim's overall property, so the above behavior is not established as fraud; Some people think that it is the loss of the victim's personal property, so the above behavior is still a crime of fraud; Others think that the crime of fraud is an infringement of faith and honesty and does not need property damage. We believe that the crime of fraud is a crime against personal property, not against all property. The victim spent 30 thousand yuan to buy 30 thousand yuan of goods because of fraud. Although the overall property is not damaged, from the perspective of personal property, if there is no fraud by the perpetrator, the victim will not spend 30,000 yuan to buy goods, and spending 30,000 yuan is the damage to personal property. Therefore, using fraudulent means to make others fall into a wrong understanding to defraud property, even if they pay a considerable amount of goods, should also be considered as fraud.