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(영문) 수원지방법원 2016.11.16 2016노4125

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, although the court below found the defendant guilty of the facts charged in this case, it erred in the misapprehension of facts and the judgment of the court below affected the conclusion of the judgment.

2. Determination

A. A. Around June 8, 2015, the summary of the facts charged: (a) the Defendant offered a proposal that “to lend the passbook and withdraw the money deposited in the passbook from the bank account at the request of a member of the criminal organization of telephone financial fraud (one name “Sing,” hereinafter “Sing”); and (b) lent the account to the said member of the bank account to the said member; and (c) subsequently, through a resolution to withdraw the deposited cash and receive the payment for the said deposit, the Defendant conspired to do so with the members of the criminal organization of Bosing and Bosing, including the total amount of the withdrawal.”

Around 12:00 on June 8, 2015, the first and second names of the above Bosing Organization called "the Seoul Central Prosecutor's Office (Seoul Central Prosecutor's Office) made a phone call to the victim C and made it false to deposit money in the existing bank account opened by your resident number, etc.

However, the above-mentioned person was not an employee of the Seoul Central Prosecutor's Office and was a plan to acquire money by deceiving the victim.

After the victim opened a new bank account (D) in the name of the victim and transferred KRW 17,615,769 from the existing account to the above account, the person who was unaware of the above name knew of the Internet banking number and the OTP number, and transferred KRW 17,615,769 from the above account in the name of the victim to the new bank account in the name of the victim after receiving the above information from the victim.

The defendant was notified of the deposit from the total amount of withdrawal from his name-free bank counter at the 12:35, Gwanak-gu, Seoul Special Metropolitan City's 110 on the same day, and then the new bank.