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(영문) 창원지방법원 2018.04.19 2017고단4236

사기

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant shall notify the account number in his/her name, and shall withdraw the money deposited in cash to the account and shall grant a fee of KRW 600,000 on a face to the account.

"" reported the Kakao Stockholm advertisements to notify the account number (B) of the Nong Bank account in the name of the defendant, and if the victim was paid money to the said account by the victim by deceiving the victim, the victim was released in cash, and then the public offering was made at the bar cycle.

On August 3, 2017, a name-free person is a D Public Prosecutor of Seoul Southern District Public Prosecutor's Office (Seoul Southern District Public Prosecutor's Office) by phoneing the victim C around 13:00.

A large amount of 70 victims received a written complaint due to the occurrence of a second-class fraud case due to the opening of a large passbook in the name of the party.

When transferring money to the account known, it is intended to create a victim's certificate.

“Along with the false statement, the victim had the Defendant wired KRW 4 million to the said Nonghyup Bank account of the Defendant.”

The defendant, at around 13:25 on the same day, withdrawn in cash 4 million won deposited from the Nonghyup Bank located in the Dong-dong, Dong-dong, Busan Metropolitan City, to the defendant's account, and gave a statement to the person who has no name.

Accordingly, the Defendant, in collusion with the aforementioned "D prosecutor" and other employees to engage in telephone financing fraud, acquired 4 million won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Certificates of transfer results;

1. Application of the Kakao Stockholm dialogue legislation

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act, including observation of protection and community service work;

1. The sentencing criteria [the scope of recommended punishment] organized fraud: The scope of mitigation (one year to two years) (the special mitigation person] and the simple participation in the mitigation area (one year to six months);

2. Circumstances unfavorable to the decision of sentence: The fact that he participated in the instant crime while knowing the social aggravation and risk of telephone finance fraud, and circumstances favorable to the point that damage has not been recovered: It may not be consumed of criminal proceeds.