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(영문) 서울북부지방법원 2015.10.27 2015고단2548

사기

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

[Criminal Power] On June 16, 2015, the Defendant was sentenced to imprisonment with prison labor for two years and six months at the Seoul Northern District Court, and the said judgment became final and conclusive on September 10, 2015.

【Criminal Facts】

On July 2014, the Defendant: (a) heard that he would make a loan by raising credit rating from the name and subscept (hereinafter “C”) of the organization of telephone financial fraud (hereinafter “Scing”); (b) opened six securities accounts, such as modern securities, in the name of the Defendant; and (c) came to know that the “C” used the Defendant’s physical card to commit the Defendant’s act of using the Defendant’s physical card for scaming fraud; (c) informed the Defendant of five account numbers, such as the new bank account, in the name of the Defendant, to “C” on November 2014; and (d) came to play a role of withdrawing and delivering money from the bank account, etc., which was deposited in the Defendant’s account under the name of the Defendant under the direction of “C”.

On November 24, 2014, from around January 22, 2015 to around January 22, 2015, the Defendant received the order of “C”, and received the order from “C,” and received a report from the person who took the role of withdrawing the crime of Bosing, making it impossible to use the Defendant’s account due to a report made by the person who took the role of withdrawing the crime of Bosing. As such, the Defendant was able to receive money in the name of “C” bank (Account Number E) with which he was aware of it, and

At around 13:00 on February 5, 2015, the nameless Bosing staff stated that "in the event of sending it to the account designating the guaranteed insurance premium and the stamp expenses by misrepresenting the victim F by telephone, the employee made a false statement to the effect that "in the event of sending it to the account designating the guaranteed insurance premium and stamp expenses, 20 million won will be extended at the interest rate of 5.6% per annum."

However, there was no intention or ability to provide a loan even if the defendant, including the defendant, has received money from the victim.

The Defendant, in collusion with “C” and “nameless phishing assistance staff, deceivings the victim and deceivings the victim on the same day from the victim, one bank (Account Number I) in the name of H.