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(영문) 서울남부지방법원 2020.02.11 2019고단5134

사기

Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the frauds at Nos. 3, 4, and 5 in the attached list of crimes.

Reasons

Punishment of the crime

The Telecommunications Financial Fraud Group, the total book of which is “B,” forms the Washington center at a place below the Chinese blue City, and then falsely assumes the employees of financial institutions against many and unspecified citizens of the Republic of Korea, to obtain a low interest rate loan, and thereby, conspired to acquire money by means of “Sphishing” method. The Defendant, while staying in China from March 2016 to September 2018, the Defendant, who misrepresented the employees of the financial institutions from the above B, was resolved to take part in the crime of the said Telecommunications Fraud by obtaining a proposal that he would pay a certain percentage of the amount of damage if he/she is in the position of the victims by deceiving the employees of the financial institution from the above B, thereby leading them to participating in the crime of the said Telecommunications Fraud.

Around 10:00 on March 28, 2017, the Defendant shared the role of the members of the aforementioned Telephone Financial Fraud Group and misrepresented the victim C to open a d Bank E proxy at the phishing Center located in an irregular place in the city of China, thereby falsely speaking to the effect that “it is possible to set up a low interest rate d Bank Maspbook; and as it is possible to immediately repay the loan after obtaining the loan from another company, the amount of the loan received shall be deposited into the person in charge of management as the person in charge of management,” and that the Defendant received nine million won from the victim to the G Association (H) account in the name of F around 10:38 on the same day, and thereafter from that time the same year thereafter.

4. Until December 24, 200, a total of KRW 19 million was remitted from two victims in the same manner as shown in the annexed List Nos. 1 and 2.

Accordingly, the defendant was provided property by deceiving the victims in collusion with B, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the prosecution of I;

1. A copy of each protocol of suspect examination of the police as to I;

1. Copy of the statement made by the police in J;

1. Copy of C’s statement;

1. Application of immigration Acts and subordinate statutes to individuals;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;