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(영문) 서울중앙지방법원 2015.04.03 2015고단808

사기등

Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by the short-term one year and ten months, respectively.

Seized evidence 1 to 8.

Reasons

Punishment of the crime

If the Defendants were to have the victims transfer money to the accounts designated by the winners of name cards, etc. in the place designated by the winners of name cards, etc., through Kwikset’s cash cards, etc., and withdraw the amount of damage by using the said cash cards, etc. according to the orders of the winners of name cards, etc., the Defendants conspired with the victims of name cards, etc. to acquire money by fraud, etc., by delivering the remaining money excluding 3% of the amount of money deposited under the pretext of the activities, to other members of the Red Finance Fraud Group’s superior organization, which is referred to as the so-called singishing crime.

1. On December 31, 2014, on the part of 10:17, 2014, the false statement stating that “In order to increase the lending limit, 2 million won out of the existing loans shall be repaid” was made by phone calls from the victim D and misrepresenting the staff of the Hyundai Capital Branch, and that it was deposited in the account of community credit cooperatives (F) in the name of E designated by the victim, and the Defendants attempted to withdraw the damage amount with the physical card in the name of E in advance, which was in possession of the said person without the name of the victim.

The Defendants conspired with the victims to receive a total of KRW 7,650,301 in collusion with the victims on three occasions, such as the list 1 of the annexed crime list.

2. No person who violates the Electronic Financial Transactions Act shall transfer or acquire the means of access used in electronic financial transactions;

Nevertheless, on January 26, 2015, the Defendants conspired with, as above, the name-free boxes, etc., and acquired at the entrance of the first floor of Guro-gu Seoul Metropolitan Government, Kwikwikset Service, leaving the name-unkwikset Service, and one check-up of the Si Telecommunication Card (the card number: I) in the name of H.