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(영문) 서울서부지방법원 2019.01.18 2018고단3167

사기등

Text

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

However, 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

1. The Defendant was willing to commit the crime of scaming in a manner of transferring money transferred to another person’s account or withdrawing money in cash and remitting money to another person’s account under the direction of the person who received the said money from an unspecified number of victims. The Defendant was willing to commit the crime of scaming in a manner of delivering the amount of damage to another person’s account by transferring the money wired as above to another person’s account under the name of the person who received the said money.

On August 27, 2018, at least 14:00 on August 27, 2018, the name-free person misrepresented the victim B by telephone to the victim EF team, and made a false statement to the effect that “When he/she redeems the existing loan with a designated account, he/she will make a loan up to KRW 25 million at an interest rate of 8.6%.”

그러나 사실은 성명불상자는 E 직원이 아니었고 위와 같은 방법으로 보이스피싱 범행을 하여 피해자로부터 돈을 가로챌 생각이었다.

On August 28, 2018, when deceiving the victim as above, and inducing the victim to transfer KRW 300,000 to the H bank account under G name (I) around August 16, 2018, and KRW 2.1 million to the H bank account under J (K) around August 29, 2018. The Defendant, who was in custody as described in paragraph (2) below, withdrawn KRW 5,100,000 from August 16, 2018 to August 28, 2018, using one check card connected to the H bank account under J’s name, and received KRW 9.6 million in total twice in the same manner as indicated in attached Table 1, as shown in the list of crimes.

Accordingly, the defendant was provided property by deceiving the victims in collusion with the person who was not the victim of the name.

2. In using and managing the means of access, any person who violates the Electronic Financial Transactions Act shall, unless otherwise specifically provided for in any other Act, borrow or lend the means of access or keep, deliver and distribute the means of access with the knowledge that the means of access is to be used for any crime;