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(영문) 전주지방법원 정읍지원 2018.01.11 2017고단496

사기

Text

A defendant shall be punished by imprisonment for three years.

Seized evidence 1 to 5 shall be confiscated.

Reasons

Punishment of the crime

On October 10, 2017, the Defendant: (a) received a proposal from a person under the name of the general responsibility of the telephone financial fraud organization that misrepresents a financial institution to unspecified number of unspecified persons by misrepresenting himself/herself or herself to borrow money from an Internet phone at an unspecified place; and (b) received a proposal from the Defendant to the effect that “When the money was deposited, the Defendant will pay 2% of the withdrawn amount at the expense of receiving and designating the money if the money was deposited to send the check card connected to the account to which the money would be deposited, then he/she shall pay 2% of the withdrawn amount at the expense.”

On October 17, 2017, an employee in charge of telephone financing fraud is a telephone call to the victim C at a non-permanent location on October 17, 2017.

8.9% interest rate of 40 million won that can be extended to 40 million won, and part of the existing loan must be deposited into the repayment account for the loan.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, in fact, the above person was not a bank employee, and even if he was given the money from the victim, he was thought to use it for his personal purpose, and he did not have the intention or ability to execute the loan to the victim.

Nevertheless, the Defendant, in collusion with a person who is not a person with a name but with an influence, deceivings the victim as above to transfer KRW 700,000 to the national bank account in the name of D, and the Defendant, after withdrawing the above money from the above national bank account, acquired it by means of remitting the above amount to the account designated by the person with a name influence, and acquired it by fraud from November 6, 2017, as shown in the list of crimes in the attached Table, 124,813,00 won in total from November 6, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to E, F, G, H, I, J, K, L, M, C, P, Q, R, T, U, V, W, X, and Y;

1. A written statement of the Z, AA, AB, AC, AD, AE, and AF;

1. AG petition;

1. A protocol of seizure and a list of seizure;

1. The details of each account transaction;