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(영문) 광주지방법원 목포지원 2018.05.11 2018고단262

사기

Text

A defendant shall be punished by imprisonment for one year.

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

On March 2018, in order to establish a KB National Bank M&C passbook by communicating the victim D around March 2, 2018, the name and non-scambed person who is the cause of the phishing organization (the suspension of indictment on the same day) required to increase the credit rating by obtaining a loan from another financial institution first, and transferring the money to the account he/she designates.

However, the above person under whose name the victim was unable to receive money from the victim, immediately withdrawn the money from the victim, and planned to restrain the criminal act of using a phishing, which he received through the defendant, and did not have the intent or ability to open the KB National Bank Eb Bank Ebppbook even if he received money from the victim, and the defendant intended to play a role in delivering the money to the person under whose name the money was received from the phishing damage.

On March 19, 2018, by deceiving the victim, and receiving KRW 3,000,000 from the person who was affiliated with the victim, via the Nong Bank account (Account Number F) in the name of E on March 19, 2018, the above person under whose name the victim could have withdrawn KRW 3,00,000 and sent KRW 3,00,00 to G in the sports strike, which is the address designated by the above person under whose name the victim was not the above person’s name, through the door-to-door. The defendant, even though he was aware that the said cash was the damage caused by Bophishing, was waiting in the vicinity of the above domicile in accordance with the direction of the person under whose name the said cash was not the victim, was issued from the article of a plastic bag.

Accordingly, the defendant acquired the property of the victim in collusion with the above-mentioned person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written petition;

1. Application of the police seizure protocol statutes;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act is as follows.