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(영문) 서울동부지방법원 2019.01.09 2018고단3397

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On June 20, 2018, the Defendant was sentenced to two years of imprisonment for a crime of fraud at the Seoul Eastern District Court, and became final and conclusive on September 28, 2018.

【Criminal Facts】

The Defendant committed various financial frauds, such as receiving money by misrepresenting an unspecified number of unspecified persons after making a Mesing Mesing Mesing Mesing with the name and the total responsibility of the Mesing fraud organization and receiving money by misrepresenting the Mesing the Mesing with the Mesing employees. The Defendant, in turn, conspired to take charge of the remittance of money by deceiving the victim by deceiving the victim through the Mesing account of the victim who was hackinged in advance, using the Mesing account of the victim who was exposed to hacking in advance, and the Defendant, according to the direction of the total Mesing, intended to take charge of the remittance of money from B to the Chinese account designated by the total Mesing.

On March 15, 2018, at least 13:42 on March 15, 2018, a member in charge of investigation in name misrepresentation, misrepresentation of F as a business partner of the victim’s transaction partner, and caused 'Internet banking error' to E, a member in charge of investigation in name misrepresentation of F. It was transferred from E to G bank account (Account Number H) around 13:54 on the same day with B’s name, and KRW 500,000,000 from around 15:0 on the same day.

The defendant, according to the direction of the total account due to name failure, made B transfer 5.5 million won to the account in the name of I, and transferred 5.5 million won from I to the Chinese account designated by J as a total account due to name in the same day. The remaining 500,000 won deposited to the account in B was delivered from B and divided into B and fee.

The defendant, in collusion with the investigative staff in name, acquired 6 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. D Statements of statement;

1. Application of statutes concerning criminal records;

1. Articles 347 (1) and 39 (Selection of Imprisonment) of the Criminal Act;

1. The latter part of Article 37 of the Criminal Code and Article 39 (1) of the Criminal Code to treat concurrent crimes.