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(영문) 인천지방법원 2015.02.06 2014고단6192

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for four years and by imprisonment for one year and six months.

Reasons

Punishment of the crime

Defendant

A is the total person responsible for the withdrawal of domestic cash in connection with the organization of the “Singing” in China, and Defendant B is the person who takes charge of the withdrawal of cash under the direction of Defendant A.

The aforementioned “Singing” role in receiving cash transfers by phone calls from persons in Korea or from investigative agencies; Defendant A obtained a siren to use for committing the “Singing” fraud; and Defendant B, G, H, I, and J, by using a passbook under the name of another person and a check card, etc., instructed Defendant B, H, I, I, and J to withdraw cash; Defendant B, G, H, I, and I, as soon as cash is remitted in accordance with Defendant A’s instructions, each of them conspiredd to perform the role of withdrawing cash at the bank payment period and delivering it to Defendant A.

1. Crimes committed by Defendant A, G, H, I, and J;

A. On November 28, 2011, the person who was unaware of the name of the fraud made a false statement to the victim K, stating that “I would like to make a payment of the money that I would have paid to I, who would have come to lend KRW 30 million to I, who would have come to guarantee the money.”

In fact, however, there was no fact that the victims of the above 30 million won had been awarded a guarantee, and there was no fact that the victims of the above 30 million won had been employed by the victims.

In conclusion, the above person who was unaware of the name was accused of the victim and transferred 11 million won from the victim to the Agricultural Cooperative (M) account in the name of L on the same day, and the defendant A instructed G to withdraw the above money from the National Bank Stackdong in Songpa-gu Seoul, Songpa-gu, Seoul, with 10:39 on the same day.

As a result, Defendant A, in collusion with a name-free box, G, H, I, and J, acquired KRW 11 million from a victim, and the time from that time to June 26, 2013, through eight times in total, such as the list of crimes (1).