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(영문) 수원지방법원 안산지원 2014.01.21 2013고단3130

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant, together with C, D, E, and F, conspireds to receive money from a bank account or to acquire it as a credit guarantee money by misrepresenting a loan company against many unspecified persons, and instead, the defendant acted to transfer money to a bank account or to acquire it. C, D, the general responsibility of the defendant, the defendant, the role of informing F of the account to collect the money acquired, the role of F to withdraw the money from cash withdrawal with the check card of the bank account received the money, the role of F to withdraw the money from cash withdrawal with the check card of the bank account received the money, and E, the cash withdrawn by the F.

The Defendant, in collusion with C, etc., did not have an intent or ability to borrow money, and said C, etc. calls from the victim G to the influent area of Incheon or lower on August 3, 2012, and makes a false statement that “I would make a loan at low interest. I would have to deposit the money first.” The Defendant believed to do so, and received 160,000 won from the Agricultural Cooperative (I) in the name of H, which is the one-time bank account (the account in which the actual user is not revealed by taking over all the passbook, cash card, password, etc. necessary for financial transactions from the name of the account) from the victim who believed to do so, and received 160,000 won from the said account to the one-time bank account (I) in which the actual user is not revealed by taking over the passbook, cash card, and password, and let F withdraw the amount of damage

8. 8. From 64 victims to 8.8, a total of 47,421,400 won, as shown in the annexed crime list, were acquired by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecutor's protocol of suspect examination of F and E in part;

1. Each police statement made to J, K, L, M, G, and N;

1. A written statement of theO;

1. Results of the transfer management (Evidence No. 852 pages), copies of bankbooks (Evidence No. 935 pages), statement of transaction by account, etc. (Evidence No. 937 pages), deposit and withdrawal transaction records (Evidence No. 4048-1 pages), confirmation of deposit without passbooks (Evidence No. 5902 pages);

1. Answers to warrants from each financial institution;