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(영문) 수원지방법원 2014.11.05 2014고단2151

사기

Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of six months.

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

Reasons

Punishment of the crime

Defendants have no fixed occupation.

1. The Defendant A and G (OO) and H (O) joint fraud committed by the Defendant A and the Defendant A conspired to commit fraud at a place where it is impossible to know the place of the police officer on September 2013, 2013, G (OO) and H (O) and “the victim I by deceiving that it is necessary to prove the balance from the victim I to deposit KRW 300 million into the account under the name of the Defendant A, thereby obtaining such fraud.”

Defendant

A around October 1, 2013, around October 1, 2013, phoneed to victims I who engage in credit business with the trade name "K" in the Jung-gu Seoul Central District Court Decision 300 million won certificate is required to establish a corporation for cosmetics business. It made a false statement that “A will deposit KRW 300 million to B account and issue a certificate of balance and immediately return.”

After that, Defendant A accompanied with the victim I, opened the Agricultural Cooperative Account (Account L) in the name of Defendant A at the Seocho-gu Seoul Metropolitan Government Seocho-gu Seocho branch, Seocho-gu, Seoul, and had the victim I deposit KRW 300 million into the said Agricultural Cooperative Account.

On October 2, 2013, the above G and H, an accomplice, transferred KRW 300 million deposited in the Agricultural Bank Account (Account Number L) in the name of the Defendant A to the National Bank Account (Account Number: M) in the name of the Defendant, and deposited all of them in cash immediately.

As a result, Defendant A conspired with G and H in collusion with name in order to induce the victim I, and obtained 300 million won by deceiving the victim I.

2. On October 2, 2013, Defendant B promised to receive KRW 100,000 from the N (O) who committed a fraudulent act, such as paragraph (1), at the Defendant’s residence, and consented to the payment of KRW 100,000 from the said A’s account via the national bank account in the above name, as described in paragraph (1). Upon receipt of the request for withdrawal of KRW 100,000,000 deposited from the said A’s agricultural bank account via the national bank account in the above name.

Defendant

B On October 2, 2013, around 10:48, the name of the said A at the Central Branch of the Haban Bank, located in Haban-dong, Haban-dong, B.