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(영문) 서울중앙지방법원 2015.10.16 2015고단4663

사기

Text

Defendants shall be punished by imprisonment for one year and six months.

Reasons

Punishment of the crime

When the Defendants received the proposal from G, a shipbuilding agent, who resides in China, to “a large amount of money, so there is a defect in work in China along with the proposal,” the Defendants accepted the proposal. At the Chinese Cheongdo, the Defendants were willing to commit telephone financial fraud against the victims residing in Korea with G, H, I, J, J, sexually unfair, K, and L, along with “L” in the Chinese Cheongdo.

Accordingly, G, as a "total liability" of the telephone financial fraud organization, play a general role in managing telephone financial fraud crimes in China, and “K” plays a role in providing information on the phone numbers and other data of the persons subject to the telephone financial fraud crime through the Internet Messens, and allowing the victims to send cash cards, etc., which are the means of electronic financial transactions, to be used for committing the crime by deceiving the victims by walking telephone from the phone number received from “K,” and H shared the role of having the victims receive the means of access from the victims or withdraw the cash remitted by communicating with the unrecepted withdrawal measures in Korea if they success in inducing the victims by walking the phone.

1. On or around March 25, 2015, the Defendants were to make loans by phone calls from the victim’s cell phone and “math head of the Tong” in the apartment city in China around March 25, 2015, along with G, H, I, J, J, Sung-U, K, Sung-U, and L. In fact, even if receiving the cash card, which is the means of electronic financial transaction from the victim M, the Defendants thought to be used for the crime of electronic financial fraud, and did not have an intent or ability to make a loan by making the cash card, the means of electronic financial transaction from the victim M.

When sending the cash card, the record of opening and leaving the account shall be kept.