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(영문) 대전지방법원 2016.01.28 2015고단3319

사기

Text

Defendant

A and Defendant B shall be punished by imprisonment for eight months, and by imprisonment for six months, respectively.

Reasons

Punishment of the crime

[criminal record] Defendant B was sentenced to a suspended sentence of six months of imprisonment for a violation of the Military Service Act by the Incheon District Court on September 25, 2014, and the sentence became final and conclusive on October 3, 2014 and is currently under the grace period.

[2] The Defendants are members of the staff in charge of the withdrawal of cash in the organization of the crime of telephone financing fraud (one-name “Sishing”).

In order to prevent additional damage, the victims induce the victim to transfer money in the account of the victim to the account he/she knew because the phone call was in arrears by misrepresenting an unspecified person to the telephone station staff, and thus, in order to prevent additional damage, the defendants conspired to commit the telephone financing fraud in order to divide 50% of the money that was transferred in cash, and then to divide it with the above non-name member Eul, with 50% of the withdrawn money.

At around 14:00 on January 19, 2015, the name Buddhistist called "V" by phone to the victim L, a printing company located in U of Jung-gu Seoul Metropolitan Government, and introduced him as the KT Telephone staff. The name Buddhistist was in arrears with the current 480,00 won by opening the Internet phone in his name.

As additional damages may occur, it means that “If money is deposited in the passbook opened in the name of Narged passbook, it shall be transferred to a quasi-deposit account?” The victim, who was known to the victim of the above non-name, remitted the total amount of KRW 25 million to the company bank account in the name of Defendant C, and KRW 5 million to the bank account in the name of W, which was known to the victim of the above non-name.

Defendant

A shall order B and C to withdraw cash in accordance with the order of the person who was not entitled to receive the said statement, to immediately withdraw the cash transferred at around 16:10 on the same day. Defendant B and C shall withdraw KRW 20 million, which was transferred from the same branch office of an enterprise bank in the territory of the Seocheon-gu, Seocheon-gu, Seocheon-do, to the said enterprise bank account, and shall be the account with which the person who was not entitled to receive the said statement notified.

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