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(영문) 광주지방법원 목포지원 2017.02.10 2015고단1377

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

A person whose name is unknown shall be the victim F (I, 40 years of age) by telephone at a place where it is impossible to know the location of the light on December 19, 2014, and shall be the victim “I, as a result of inquiry about the credit information, provide a principal loan up to KRW 10 million to the victim.

SH 파이 넨셜 채 움신용정보에서 보증을 서 줄 테니 보증 비 및 전산비용으로 300만원을 입금해야 대출 승인이 납니다.

“A false representation was made.”

However, a person whose name is unknown has no intention or ability to provide a loan to the victim even if he/she has received a non-guarantee, etc. from the victim.

Nevertheless, a person whose name is not known has caused the victim to transfer KRW 3 million to the Agricultural Cooperative Account (Account Number G) in the name of the defendant.

In addition, the Defendant received a request from a person whose name was unknown to withdraw and deliver the above 3 million won from the above 3 million won, and then withdrawn the above 3 million won from the counter of the NAC located in Yongsan-dong Incheon on the same day, even though he knew that the above 3 million won was remitted through Bokwikseter, and then delivered the above 3 million won to a person who could not know the above 3 million won through Kwikset Service Articles.

Accordingly, the defendant was given property by deceiving the victim in collusion with a person who is not aware of the above name.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each investigation report (the sequence 35 to 37 of the evidence list);

1. Details of account transactions (A.C. 3) and application of statutes;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 32(1)2 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits by rejecting an application for compensation order

1. The Defendant may borrow a loan from a person whose name is unknown (hereinafter “nameless person”).