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(영문) 서울남부지방법원 2018.10.17 2018고단2105

사기등

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 through 9 shall be confiscated from the accused.

Reasons

Punishment of the crime

In the B Messen’s name, the name influor used the Messen’s name “C”, “D”, etc., by misrepresenting the lending company, etc. and deceiving many victims as if they would normally lend money, and soliciting access media necessary for electronic financial transactions in order to receive such fraud money. From April 4, 2018, the Defendant: (a) from around April 4, 2018, the Defendant: (b) received and kept the check from E, F, G, H, etc. for the purpose of using it for the misrepresentation of the lending company as above in accordance with the instructions of the above influor; and (c) conspired to collect KRW 300,000 per day by withdrawing the fraudulent damage amount and deposit it into the account designated by the non-name in return

1. On April 10, 2018, when a person who was unaware of the name of fraud assumes the L of K staff by leaving a telephone from the victim I using the J phone number from the victim I at a place on a scarcity on April 10, 2018, and “When returning a high interest loan currently used to the account designating the high interest rate, he/she will make a loan for the large loan by the year of low interest rate.

The phrase “ makes a false statement.”

However, the name in fact was not K employee, and even if the victim repaid the loan, he did not have the intention or ability to make a refund loan due to the sunlight, which is a low interest rate.

Nevertheless, as above, the non-titled person deceiving the victim and let the victim transfer KRW 5,500,00 to the N bank account (O) in the name of M that was designated by the non-named person in light of 16:46 on the same day, and ordered the defendant to withdraw the total amount of the above money to N Bank Q in Gangnam-gu Seoul, Seoul, and the defendant released KRW 5,50,000 from the N Bank Q Q from around 17:25 on the same day on the same day according to the orders of the above non-named person.

Accordingly, the defendant acquired the property owned by the victim in collusion with a nameless person.

2. Any person who violates the Electronic Financial Transactions Act shall be punished in using and managing access media;