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(영문) 인천지방법원 2016.04.15 2016고단1348

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant, by deceiving the victims by misrepresenting the prosecution investigator, etc., has withdrawn money from the account under the name of the victim to the account under the name of the defendant, and delivered it to B, which is directed by the person under the name of the victim, and had the person under the name of the defendant receive 5% of the money withdrawn in return.

On June 4, 2015, at least 09:40 on the phone to the victim C, the statement that "the victim is an investigator of the Seoul Central District Public Prosecutor's Office, who is an investigator of the Seoul Central Public Prosecutor's Office, who has access to the party's personal account, inputs the financial transaction information to the Internet (D) and transfers the money to another place because there is no balance to the party's personal financial account." The victim entered the victim's account number, password number, etc. into the above website, and then transferred KRW 5,90,000 from the bank account under the victim's name to the Agricultural Cooperative (F) account in the victim's name, and the defendant withdrawn the above money on the same day and delivered it to B instructed by the above person under his name.

As a result, the Defendant, in collusion with the person who was not the victim's name, received KRW 5,900,00 from the above victim and acquired the amount equivalent to the same amount, and acquired the total amount of KRW 110,90,000 from the victims five times in total, such as the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or B by the prosecution;

1. Each police statement made to G, H and I;

1. Written statements of J and K;

1. Application of Acts and subordinate statutes to cover photographs, Nonghyup Bank, Nonghyup Bank, Saemaul Bank, Saemaul Bank, a cooperative passbook, a statement of financial transactions, a document of entry and withdrawal, a copy of passbook, a copy of passbook, a statement of deposit and withdrawal, a certificate of transfer confirmation, a written confirmation, a statement of transaction results, a statement of transaction details, a statement of deposit transaction records, a certificate of deposit transaction records, and a statement of financial transaction details;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.