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(영문) 인천지방법원 부천지원 2014.07.04 2014고단1214

사기등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

Seized evidence 1 to 27, 31 to 33, .

Reasons

Punishment of the crime

China's telephone financial fraud organization's name and unexploied person sent phone calls or letters to victims, such as influencies and video hosting, and then let them account account account account account transfer. D (personal identity uncertainty) in China, under the direction of a member in China, shall exercise overall control over the recruitment of passbooks, cash withdrawal, remittance, etc. under the direction of the member in charge of the member in the region of China, and the Defendants, upon receiving D's order from the cash withdrawal machine, directly withdraw the money transferred from the cash withdrawal machine to the account in the name of the foreign exchange bank E (F).

1. On May 10, 2014, at least 19:30 on May 10, 2014, the Defendants’ joint crime-based victim’s name-based victim’s telephone financial fraud organization (“the Defendants”) sent the message 1.5 million won in the name of H, 1.5 million won in the post office account I, 1.5 million won in the name of J, and 1.5 million won in the name of J bank K account M of L bank account, and 1.5 million won in the sum, and the Defendants received money from the victims as stated in the list of crimes (1) from May 14, 2014, by withdrawing the money deposited as above and receiving the money from D’s account (N).

As a result, the Defendants conspired with China's telephone financial fraud assistance staff and D in succession, and acquired a total of 48,377,000 won from victims.

2. No person may transfer or acquire a means of electronic financial transactions;

On May 16, 2014, the Defendant: (a) took over a physical card and a password connected to the agricultural bank account in the name of O in front of the Kim Hancheon-ro, Hacheon-ro, 411, from April 27, 2014 to May 16, 2014; (b) as indicated in the list of crimes (2).