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(영문) 서울서부지방법원 2014.08.26 2014고단1827

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The name-based accomplice (manager) in collusion with the members of the telephone financial fraud assistance in the name of the victim who mainly purchased the scrap metal by making a telephone call to the victims who mainly purchased the scrap metal, and by receiving money from the victims as if they sold the scrap.

Accordingly, the accomplice in the name of the accomplice included the defendant, C, etc., and the defendant opened a cash card, etc. connected to the account under the name of the defendant according to the instruction of the accomplice in the name of the defendant, withdraws the money wired to the account under the name of another person, enter the resident registration number, etc. received from the above accomplice into the account under the name of another accomplice in the name of another accomplice, and deposit the money into the account under the name

On March 4, 2014, at around 17:07, the non-offender sent a phone call to the victim D, and was in charge of Section 29 Section 320 per unit price, if the Special Self-Governing City Special Self-Governing City is postponed. At the construction site, Green is in line with 320 won per unit price, and it is intended to send it to the Korean Cargo E-Vehicle. The Defendant sent a photo of the freight vehicle under the name of the Defendant, with the (ju) luminous construction business registration certificate and the iron in line.

However, in fact, the above accomplice was not a person operating a luminous construction, and there was no intention or ability to sell scrap metal to the victim at all.

Nevertheless, as such, the non-offender deceiving the victim, and then he remitted the victim to the non-offenders on the same day, the sum of KRW 16,005,960 in the SK Investment Securities Account (Account Number:F) in the name of the defendant, and the accomplice in the name unrecogn withdrawn the amount of damage by using the cash card for the account in the name of the defendant, and then deposit part of the amount of damage amount into the account of the accomplice C, etc.

Accordingly, the defendant in collusion with his name-free accomplice, and the victim's property.