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(영문) 서울북부지방법원 2016.6.22.선고 2016고단1692 판결

사기

Cases

2016 Highest 1692 Fraudulent

Defendant

A person shall be appointed.

Prosecutor

○○ (Lawsuits) and ○○ (Public Trial)

Imposition of Judgment

June 22, 2016

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

On May 9, 2015, the Defendant accepted the proposal of the above under-paid person, even though he knows that the above-paid person will use the Defendant’s name account to commit the crime of scaming, the Defendant would have received 5% of the amount of the withdrawal in return, when he let the Defendant use the Defendant’s name account on the above day and withdraws the money deposited into the account, and even if he knew that it would use the Defendant’s name account for the crime of scaming, the Defendant would receive 50,000 won or more per day.

1. At around 20 on May 11, 2015, the person who was unaware of the victim B's name in fraud, misrepresented the victim B to inspect by telephone, and confirmed whether the money deposited in the political party's name was connected to a crime because it was opened and used for the crime. Accordingly, the defendant conspiredd with the victim to deliver the money to the bank account in the name of the political party at around 13:34 on the same day from the victim, and then withdrawn the money after confirmation, and then withdrawn the money from the victim's name and the defendant's name and the defendant's name and the defendant's name and the defendant's account at around 13:34 on the same day.

2. On the same day: 11:32 on the same day, the victim C was transferred to the victim C by telephone, who assumes the staff of the Seoul Central Prosecutor's Office of Public Prosecutor's Office, and "on the grounds that the party was involved in the case of Bosing, so he/she must cooperate in the investigation. If the money entered in the party's name is transferred to the account that withdraws money from the party's account, he/she shall confirm and return whether the money is related to the crime." On the same day, at around 13:51 on the same day, he/she was transferred to the said account in the name of the defendant at around 4:5.1 million won.

Therefore, at around 13:51, the Defendant attempted to withdraw KRW 45,100,00 which was deposited in the above account in the name of the Defendant and deliver it to the employee who sent the above-mentioned account by withdrawing KRW 45,100,000,000 which was deposited in the above account in the Han River located in Yongsan-gu Seoul, Yongsan-gu, Seoul, but the above account in the name of the Defendant did not come into effect on the wind where the payment is suspended. Accordingly, the Defendant, in collusion with the person who was in

Summary of Evidence

1. Defendant's legal statement;

1. B’s authenticity and C’s written statement;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347 (1) of the Criminal Act ( Imprisonment)

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Grounds for sentencing

4. Sentencing (Organizational Fraud)

G. Specialized Earsen: Aggravation (a crime against an unspecified victim): Written Recommendations: Aggravation (2nd 6 months to 4 years)

In general, e.g. reduction factors (criminal proceeds brought about by principal offenders): Imprisonment with prison labor for one year;

(m) Sentence: Imprisonment with prison labor for one year and six months;

A person who is under clause: a national strict punishment for the crime of telecommunications-based financial fraud, which is so called Bosing, and the absence of efforts to recover damage, etc.;

Persons whose terms are mitigated: Confession, simple withdrawals, absence of punishment power, etc.;

Judges

Judges Owon-ho