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(영문) 서울서부지방법원 2019.10.23 2019고단1974

사기등

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 6 through 8 shall be confiscated.

Reasons

Punishment of the crime

In order to induce the victims to remit money from the victims by misrepresenting himself/herself with a financial institution, and to collect so-called "Physical Card" and withdraw cash, and to deposit the account with no passbook. From May 2019 to May 2019, the Defendant conspired to collect the physical card and receive 3% of the withdrawn amount in return for the withdrawal of cash from the victims by misrepresenting himself/herself with a financial institution.

1. Fraud;

A. On June 7, 2019, a person who was unaware of the victim’s name in the crime committed against the victim D, assumes the director of E bank in a place unknown to him/her, and calls from the victim D, and falsely stated that “When transferring part of the existing loans to the designated account, he/she would have a substitute loan at a lower interest rate than the existing loans.”

However, the person who was not a financial institution employee, but did not have the intent or ability to make a loan to the victim.

On June 7, 2019, the person under whose name the person under whose name the account was omitted received 6 million won from the victim to the H bank I account in the name of H bank account in the name of 1:35 G, and the above “C” instructed the Defendant to withdraw cash from the H bank account in the name of G, which was collected in advance, and deposit without the passbook.

On June 7, 2019, the Defendant withdrawn KRW 1,300,000,000 from the branch of K bank in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and continued to withdraw KRW 4,700,000 from the sand branch of H bank in Seodaemun-gu, Seoul.

As a result, the Defendant received property in collusion with the person who was in bad faith.

B. On May 31, 2019, the victim M calls the staff of the lending company of P, and calls the victim M to “assign the check card in order to obtain a loan,” and then the victim M calls the body card. < Amended by Presidential Decree No. 24200, May 31, 2019>