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(영문) 의정부지방법원 2017.05.31 2017고단682

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for a period of two and a half years, and by imprisonment for a period of two years.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

"2017 Highest 682"

1. Joint crimes committed by the Defendants

A. The Defendants: (a) were liable to withdraw cash from the “Singishing” fraud group; (b) the Defendants conspired in the order of the Defendants to have the total liability to transfer money to an account secured in advance by making false statements as if they would lend money to many unspecified persons; and (c) the Defendants conspired to have the Defendants take the responsibility to withdraw money after receiving cash cards from the cash card delivery book and then transfer the remaining amount after deducting a certain percentage of money to the account designated by the total liability.

Accordingly, it is difficult to review because the F agency's deposit of nine million won in the past by telephone to the victim E on February 6, 2017.

Then, it was false that the loan should be paid up to nine million won, but it is possible to proceed with the loan.

However, there was no intention or ability to provide loans to the victim.

Nevertheless, around February 15:00 on February 6, 2017, the victim got the victim to transfer 3 million won to the new bank account (Account Number: I) with H’s name from the corporate bank account under G, and 6 million won to the national bank account under H’s name (Account Number: J), respectively.

As a result, the defendants deceptiond the victim in collusion with the name infinites and acquired nine million won by deception.

B. The Defendants in violation of the Electronic Financial Transactions Act committed an act as a book of withdrawal of cash, and intended to withdraw cash by receiving cash cards, which are an access medium, through delivery, for the purpose of using them for a crime.

Accordingly, on January 7, 2017, Defendant A provided education on the method of withdrawing cash by incorporating Defendant B as a cash withdrawal book, and instruct Defendant B to withdraw cash by delivering a cash card through a home-based boat. Defendant B is within L located in Jung-gu Incheon, Jung-gu, Incheon, on February 7, 2017.