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(영문) 서울서부지방법원 2013.08.23 2013고단1924

사기

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

No. 1, No. 2, of seized evidence.

Reasons

Punishment of the crime

F, in collusion with telephone financial fraud assistance officers whose name is unknown, the F, by misrepresenting the staff of financial institutions, such as banks and capital companies, and by sending text messages, it was intended to receive money under the pretext of the cost of issuing the surety insurance policy, the cost of issuing the payment guarantee certificate, the cost of issuing the payment guarantee certificate, etc., or obtain the right to access the account by identifying the withdrawal account number, password, and the Internet banking security card number, etc., which is entered by the victims who have contacted a financial institution, and then arbitrarily transfer money to the account through the Internet banking, or receive money through the Internet website or smartphone display advertisement as if they would arrange sexual traffic.

Accordingly, F included the Defendants, and Defendant A received and managed a passbook under the name of another person and a cash card, and Defendant B conspiredd to take charge of withdrawing the money remitted to the account with cash card under the direction of the above F.

On May 13, 2013, at around 10:00, the telephone fraud assistance employee, whose name is unknown, stated that “the victim G was aware of the smartphone Kakaoo Kakaoooooooo, which was made through the smartphone fluor, shall pay KRW 400,000 as a pre-contract and security deposit to meet the conditions.”

However, the fact does not have any intention or ability to arrange commercial sex acts even if he/she receives a remittance of 400,000 won under the pretext of the reservation and deposit for the chemical.

The above assistance officer deceivings the victim as such, and receives 400,000 won from the victim to the new bank account under H on the same day, and F instructs the defendant B to withdraw the remitted money, and the defendant B withdraws the said money using the cash card which was delivered through the Kwikset service delivery article, and the defendant B withdraws the said money to F.