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(영문) 부산지방법원 2020.01.30 2019고단6268

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant and North Korean defectors and members of the organization of telephone financing fraud (hereinafter referred to as “scaming”), as well as the so-called “total liability” to induce victims by employing a teledeciler and making false loan advertising calls, and to take over money under the name of loan commission, etc. and instruct them to withdraw criminal proceeds. C used illegally collected personal information to be used in telephone financing fraud, and the so-called “scam-to-scam solicitation policy” to be issued with an illegal name passbook (hereinafter referred to as “scambook”) to be used in telephone financing fraud, etc. from a third party, or to recruit a large account from a third party, and the Defendant, upon receiving instructions from a total book, planned to perform the so-called “conception book” role, D, E, and F to instruct withdrawal of cash, in order and order the so-called “passing” role to withdraw cash at the time and place designated by the Defendant.

Accordingly, around March 5, 2013, B calls from the victim G through the nameless telemer in an irregular place in China at a time less than a time limit for danger and injury, and in fact calls from the victim G to the victim, despite the absence of the intent or ability to give the loan to the victim, B makes a simple loan from the victim when sending the expenses for issuing a letter of guarantee, deposit money, stamp tax, etc. to the victim, and it is a false statement to the effect that, around March 4, 2013, B receives 120,000 won as the expenses for issuing a letter of guarantee to the K bank account in the name of J on March 5, 2013; 450,00 won as the revenue stamp account in the name of L on March 5, 2013; 490,00 won as the name of deposit account in the name of M bank account in the name of M bank on March 6, 2013; 30,300,000 K account under the name of each account, 40.