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(영문) 창원지방법원마산지원 2020.12.11 2020고단704

사기등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The total liability for telecommunications fraud of a person without name (hereinafter “scam”) consists of various stages, such as inducements, management measures, receipts and disbursements, and delivery measures, for the commission of the scaming, and the staff of the staff in the inducement scheme are false statements to the effect that “a certain amount of money is possible to be loaned at a low interest rate if a certain amount of money is paid as a deposit” by falsely misrepresenting the victim with a telephone, and that “a certain amount of money is available to be paid as a deposit money,” and the staff of the management scheme are recruited to collect and deliver the money and receive money from the victims by soliciting the receipts and delivery measures, and the Defendant conspired to receive money from the victims in order to receive money from the victims in accordance with the direction of the management scheme and to inform the management scheme of the money.

1. On July 1, 2020, when the victim C assumes a misrepresentation of the E agency belonging to the D bank and deposits KRW 19.69 million to the victim C at a place where the location cannot be known, the victim C may issue the E agency passbook at a rate of 1.9% per annum, and 7.9 million won per annum. If the victim deposits KRW 4.69 million at a bank's expense, 4.6 billion won will be paid for the 15 million won per annum, and when the E agency is issued, the E agency passbook will be refunded to the above 15 million won.

The term "assumed" was referred to.

However, in fact, the above employee was not a party to a bank, and even if the victim paid KRW 15 million, there was no ability or intention to provide the loan.

On July 7, 2020, the Defendant 18:00, around July 7, 2020, followed the victim to G located in the Gangseo-gu Busan Metropolitan Government F, and received KRW 15 million from the victim.

As a result, the defendant was provided property by deceiving the victim in collusion with the employees of scaming in person.

2. Fraud against the victim B;

A. A. On July 8, 2020, the conciliation staff under the false name of fraud was the victim at a place where the location of July 5, 2020 cannot be known.