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(영문) 인천지방법원 2016.09.29 2015고단6680 (2)

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] The Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Incheon District Court on June 18, 2015, and the judgment became final and conclusive on June 26, 2015.

[2] The Defendant, C, D, E, F, and G are not able to engage in a bank transaction through a passbook in the name of the victim H (23 tax) and were aware that the victim could not engage in a bank transaction with the passbook in the name of the victim and was in need of a passbook in order to receive a successful deposit in the sale of commercial buildings from the company in the past. After lending the passbook to the victim, the Defendant planned to acquire the proceeds without paying the victim if the successful payment in the above passbook was made, C was planned to do so. The role of establishing the crime plan; C was to lend the passbook to the victim; D was to transfer the money deposited in the passbook in the name of the victim to G through the Internet banking; D was to withdraw the money deposited; and G was to acquire the money owned by the victim by sharing the role of driving the passbook with the Defendant, C, D, E, and F.

F is, on March 12, 2015, to pay money to the victim in cash from the National Bank in front of Yeonsu-gu, Yeonsu-gu, Incheon National Bank in Yeonsu-gu, Yeonsu-gu, Incheon on March 12, 2015.

“Along with the F’s passbook, the said success fee was remitted to the F’s passbook. D transferred KRW 40 million out of KRW 43 million deposited in the passbook in the F’s name via Internet banking. G deposited KRW 40 million in cash and check, and deposited KRW 40 million in cash and check to the place where Defendant C, D, E, and F were gathered, and the Defendant and E were driven according to the need of the above C, D, F, and G.

Accordingly, the defendant, in collusion with C, D, E, F, and G, deceivings the victim as above, and is the passbook (Account Number I) in the name of the National Bank from the victim.