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(영문) 서울남부지방법원 2018.10.10 2018고단3990

사기

Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

In order to make a telephone finance fraud organization (one-name “Sscam”) organization, and to let some of its members misrepresent the public prosecutor’s office and staff of the Financial Supervisory Service, etc. against many unspecified victims, and make false statements that the victim would withdraw money from the bank, and make the victim withdraw cash from the bank as if the victim were related to the crime. The Defendant conspired with the victim who prepared the cash, who was an employee of the Financial Supervisory Service under the direction of the “B Director” and “C”, to receive the cash from the Financial Supervisory Service at the place determined in advance, and then receive it from the victim who was prepared for cash, and then deliver it to other under his name.

On March 2, 2018, around 13:45, 2018, a non-name member misrepresented the victim AG investigator of the Seoul District District Public Prosecutor's Office to post a telephone, and falsely speaked to the effect that "a large-scale passbook was established in his/her own name, and withdrawal of the remaining amount of a passbook to be verified, and granted d by giving us to the employees of the Financial Supervisory Service sent by us," and that this member had the victim withdraw KRW 500,000 in cash.

At around 17:20 of the same day, the Defendant, at the seat of the AI hotel in Guro-gu Seoul Metropolitan Government, performed as if the victim was an employee of the Financial Supervisory Service, delivered the documents in the name of the victim to the victim, and received cash 50,000 won from the victim and remitted the documents to the non-name staff.

Accordingly, the defendant, in collusion with a nameless person who received 5,500,000 won, by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. AG's statement;

1. Reports on internal investigation (to hear statements of victims and CCTV investigation at the scene of crimes);

1. Application of statutes to the documents submitted by the victim;

1. Article 347 of the Criminal Act applicable to the crime and Articles 347 (1) and 30 of the Criminal Act, and punishment by imprisonment.