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(영문) 수원지방법원 2018.09.06 2018고단4113

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 7, 2018, the Defendant proposed to take part in the crime from a person who was not the name of the so-called Bosing Organization, and, if a member of the organization misrepresented the police, prosecutor's office, or superintendent, etc. and caused the victims to withdraw cash and prepare it, the Defendant, according to the direction of the person who was not the victim, got the victim to visit the staff of the Financial Supervisory Service to deliver the cash directly to the Bosing staff, and conspired to receive 50,000 won per time at the expense of receiving 50,000 won.

Accordingly, on January 10, 2018, the said Bosing staff called the victim B by phoneing to the victim B, and falsely called the victim C investigator of the Seoul Central District Public Prosecutor's Office, "it was used for the crime due to leakage of personal information, and it is necessary to confirm whether the victim is the victim or the perpetrator, so only the staff of the Financial Supervisory Service who withdraws the deposit and send it to the public prosecutor's office, and if the investigation is completed, the said staff shall return the deposit, and the victim shall withdraw 29.9 million won deposited in the bank on the same day."

On the same day, the Defendant, upon receiving instructions from the person in a nameless injury, assumes the position of the employee of the Financial Supervisory Service in the street near the entrance No. 5 in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul, about 18:00,000, and received 29.9 million won from the injured party.

Accordingly, the defendant was given property by deceiving the victim in collusion with the person with no name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. In full view of the following circumstances, the applicable legal provisions of the criminal facts and Articles 347(1) and 30 of the Criminal Act regarding the selection of punishment, and the reasons for sentencing of sentence of imprisonment, the sentencing conditions as shown in the trial process of the instant case, including the Defendant’s age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, are comprehensively taken into account.