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(영문) 의정부지방법원 2017.05.25 2016고단5306

사기

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On November 2015, the Defendant would lend the account under the name of the Defendant and transfer the money deposited in the account to the account designated by the Defendant to the account in which the Defendant would pay for KRW 30-500,000 per annum.

“To receive the proposal.”

In response to the proposal, the Defendant informed the number (C) of the bank account in the name of the Defendant, and led to the transfer of the money transferred to the said account to the account designated by that person.

On December 2, 2015, the Defendant sent a copy of the passbook connected to the above new bank account under the name of the Defendant via Kwikset Service Articles, to the said Bokset service staff, and then notified the above new bank account password.

Since then, on November 26, 2015, the said Bosing staff members are allowed to obtain the approval of loans by communicating the victim D by telephone and misrepresenting the E company staff.

In order to pay credit guarantee insurance expenses, financial rights review expenses, and deposit money, the principal loan will be provided.

“A false representation was made.”

On December 4, 2015, the Defendant received 6 million won from the damaged party to the new bank account under the name of the Defendant, and transferred 4 million won out of 6 million won deposited into the said account four times from the same date to December 7, 2015.

Since then, the Defendant transferred one million won among them to the former North Korea bank account in the name of F designated by the Washington Organization.

Accordingly, the defendant, in collusion with the nameless phishing staff, by deceiving the victim, and by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints and statements of D;

1. Certificates of details by account for member trading, and personal information on the nominal owner;

1. Application of the relevant Acts and subordinate statutes to the details of transactions in the bank account in Korea;

1. Grounds for sentencing prescribed in Article 347 (1) and 30 (Selection of Imprisonment) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. Legal provisions;