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(영문) 청주지방법원 2015.09.10 2015고단1128

사기

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The telephone financial fraud organization, which is active in China, is composed of inducements made up of capable persons in Korean language, the total amount of withdrawals ordering the withdrawal of the transferred amount of damage, the withdrawals made out of the cash payment machine from financial institutions, and the deliverys which receive the amount of damage from the cash payment machine and deliver the amount of damage to the total amount of withdrawals.

On November 2014, the first name “C” and the first name “D,” etc. are persons who are the total liability for withdrawal of the telephone financial fraud organization, and the Defendant, after hearing the speech from “D” to withdraw the amount of damage caused by telephone financial fraud and wanting to take 2% of the amount of damage caused by telephone financial fraud, he/she shall take part in the withdrawal of the amount of damage caused by telephone financial fraud, and conspired in order to commit the crime of telephone financial fraud with persons whose name is unknown, “C”, “D”, and “persons whose name is not known,” and “D” and “persons whose name is not known”.

1. On November 28, 2014, a person whose name is the incentive for the above telephone financial fraud organization against the victim E was false to the effect that, around 14:30 on November 28, 2014, the victim E collected money from the victim E by having him/her pay back to the head of the Chungcheong Police Station, and the password was leaked. It was the same as sending money to the victim who attempted not to suffer any other damage. It was transferred from the victim to the Busan Bank account (Account Number H) in the same day’s name through her husband F. The Defendant received transfer of KRW 5 million from the victim to the Busan Bank account (Account Number H) in the same day through her husband’s F. The Defendant, along with those who were not aware of the name who was the withdrawal book under the direction of “D”, withdrawn the above damage amount from the Busan Bank’s Busan Bank Account, etc. in Dongjak-gu Seoul Metropolitan Government.

Accordingly, the Defendant, in collusion with those who are unable to know the name of the cause of the aforementioned telephone financial fraud organization, acquired the property of the victim.

2. Fraud against the victim I.