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(영문) 광주지방법원 목포지원 2013.03.18 2013고정97

사기

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 2, 2012, the Defendant was sentenced to two years of imprisonment for fraud at the Gwangju District Court, and the judgment became final and conclusive on February 14, 2013.

Around the end of December, 2011, the Defendant and B proposed the participation of the telephone financial fraud group in the criminal act of licensing in China from a name-free person, and conspired to play a role in cash withdrawal.

On or before February 15, 2012, the Non-Name-based inducement policy was made by phone call to the victim C and sent the deposit money because it is possible to lend guarantee insurance.” The victim transferred the money to the new bank account in the name of E on the same day, KRW 801,200,000, KRW 1100,000, KRW 5740,000 to the above F bank account in the name of E on February 16, 2012, and KRW 1,940,00,000 to the G Bank account in the name of G on February 17, 2012, and the name non-member of the said telephone financial fraud group immediately transferred the money to the smart Bank and the Korean bank account by the name-based bank in the name of L/C and the Korean bank.

From February 15, 2012 to February 17, 2012, the Defendant and B immediately withdrawn the above money from the cash payment period of the main office and the main office and the main office of the foreign exchange bank located in the Kunpo-si and the main office and the main office of the foreign exchange bank.

As a result, the defendant and B conspired with those who have not been able to obtain 9,581,200 won from the victim.

Summary of Evidence

The defendant's legal statement, the police interrogation protocol on B, the police protocol on C, the application of the law on account transaction details.

1. Relevant legal provisions concerning criminal facts: Articles 347 (1) and 30 of the Criminal Act that choose a fine;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.