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(영문) 서울서부지방법원 2019.08.14 2019고단1815

사기

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 6 or 7 shall be confiscated.

The defendant shall be an applicant for compensation.

Reasons

Punishment of the crime

After callsing the victims of this case to an unspecified number of unspecified victims, the person under whose name the victim was named “Singing,” the following: (a) entices the victims who had been kidnapped by a family member to deliver the withdrawn money to the cash collection book; (b) Caldi “D” or “E” instructs the Defendant to receive cash delivery; (c) instruct the Defendant to deposit the passbook in cash received; and (d) the Defendant, upon receiving instructions from the said victims, conspired to collect cash in order to receive cash delivery from the victims.

At around 10:00 on May 21, 2019, the person who was unaware of name made a false statement to the victim F by phone call to the victim F, stating that “I would have made a debt guarantee for children, who did not have paid the debt, and would have paid the money in return.”

However, the fact was not the victim's guarantee or the victim's son's son's son's son's son's son's son's son's son's son.

In order to withdraw 10 million won in cash from the victim and make the victim go to the Mapo-gu Seoul Metropolitan Government G Building. C Dodi “D” or “E” notify the defendant of the above place and to receive money from the victim. The defendant received an order from the victim in front of the Mapo-gu G building at around 11:30 on the same day, and received a total of KRW 68,880,000 from the victims four times until May 24, 2019.

As a result, the Defendant received property in collusion with the person who was in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to B, F, and H;

1. The police seizure record and the list of seizure;

1. Copies of bankbooks, C and I translation of the details of conversations;

1. Application of each investigation report (CCTV verification investigation, CCTV images in the course of committing a crime);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;