beta
(영문) 서울중앙지방법원 2013.04.12 2012고단5459

사기등

Text

A defendant shall be punished by imprisonment for three years.

Seized evidence 1, 2, or 3 shall be confiscated from the accused.

Reasons

Punishment of the crime

1. On August 31, 2012, the Defendant: (a) conspired with the victim’s name in collusion; (b) sent the victim’s e-mail demanding the transfer of goods to the foreign exchange bank account (Account (Account Number: G) in the name of the Defendant using the address similar to the e-mail address of the employee in charge; and (c) received USD 39,585 from the said victim around September 3, 2012, around September 6, 2012, USD 139,585 in total, including USD 100,000,000, from the said victim’s above account.

2. On September 12, 2012, the Defendant: (a) conspired with the victim’s name in collusion; (b) received USD 202,572 from the said victim on September 13, 2012, the amount of USD 350,855, including USD 148,283, around September 17, 2012, by transmitting the e-mail demanding the transfer of goods to the foreign exchange bank account (Account Number: G) in the name of the Defendant using the address similar to the J, the e-mail address of the employee in charge, which is the e-mail address of the said victim; and (c) received USD 350,855,000,000 from the said victim around September 13, 2012 to the said account of the Defendant.

Summary of Evidence

1. Entry of the accused in each part of the trial records second and fifth times;

1. Each statement of L, M and N in the fifth trial records;

1. Each legal statement of witnessO and P;

1. Partial statements of each prosecutor's office and police interrogation protocol of the accused;

1. Police seizure records;

1. Report on investigation (case concerning the execution of a warrant of search, seizure and inspection);

1. Application of Acts and subordinate statutes on account lists;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the facts constituting a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Confiscation Article 48(1) of the Criminal Act