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(영문) 서울동부지방법원 2012.12.06 2012고단2611

사기

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence1 to 23 or 27 shall be confiscated by the accused.

Reasons

Punishment of the crime

In China, the organization of ‘scaming' is equipped with a system that consists of inducements made up of able persons in Korean language, the total withdrawals ordering withdrawal of transferred money, and the cash withdrawals from the cash payer of a financial institution to deliver the withdrawals to the sum of withdrawals, and is acquiring deposits, etc. from domestic victims.

The Defendant, as a person in charge of withdrawal, ordered the Defendant to withdraw cash after delivering the cash card and password connected to the collected account as above, if the Defendant transferred money to the “large Account” that the Defendant collected in advance by the victim, by means of the method, etc., as the Defendant would have had the Defendant communicateed with the victim in the Republic of Korea using the Makao Stockholm service, such as telephone and the Internet hosting service, etc., and arrange the lending, or by using the Internet hosting service, etc., the Defendant: (a) as a person in charge of the withdrawal of money; and (b) in connection with the fraud group; (c) as a person in charge of the withdrawal of money, the Defendant attempted to receive money by means of delivering the cash card and password connected to the collected account in advance to the Defendant; and (d) the Defendant conspired in sequence to receive money by means of directly withdrawing the money

According to the aforementioned division of roles, the Defendant: (a) started from September 28, 2012, sent the amount of damage to the cash withdrawal machine in Seoul City from September 28, 2012 to C; and (b) around October 7, 2012, the Defendant took an attitude that the personal infinite incentive was accessible to the victim D through the Kakao Kakaomp (hereinafter referred to as the "Kakaomp") at the location of the Chinese market; and (c) took an attitude that the victim and the victim expressed that the Defendant would meet the conditions, “the sending of the money in order to meet the conditions,” and (d) received 600,000 won from that time to that of the agricultural bank account in the name of "Mapo Account" prepared in advance by the victim, and (e) received 60,000 won from that time.