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(영문) 서울남부지방법원 2018.04.18 2018고단946

사기등

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence referred to in subparagraphs 1 through 5, 9, and 15 through 17 shall be confiscated.

Reasons

Punishment of the crime

[criminal records] On April 12, 2016, the Defendant was sentenced to one year and eight months of imprisonment due to a violation of the Act on Fraud and Electronic Financial Transactions, and completed the execution of the sentence at the Suwon detention center on October 31, 2016.

[Criminal facts]

1. The name of the person who was not the victim of fraud is the general responsibility for telephone financing fraud, who calls for many unspecified victims in an unfortunateed place, misrepresented himself as a prosecutor or investigator of the Seoul Central District Public Prosecutor's Office or an investigator, and then used the passbook

It is a person who has the victims withdraw money and, on the other hand, has the steering staff notify the victims of the date and time and place of payment and instruct them to receive money.

Defendant 1 conspiredd to acquire money from victims by deceiving the victim as a staff member of the Financial Supervisory Service while driving the victim at the time, place, and the date and place of the order of the above-mentioned person, and thereby receiving money from the victim.

A. On September 21, 2017, the person under whose name was not the victim’s name in the crime against the victim T was called the victim to the U prosecutor of the Seoul Central District Public Prosecutor’s Office, and made a false statement to the effect that “The passbook was used for the crime in the name of the party, and withdrawal of the money in the lower account to prove that the victim was the victim and to confirm whether the money was illegal, and return the money to the Financial Supervisory Service’s employee.”

In fact, however, the victim did not have been used for the crime.

Then, around September 21, 2017, around 14:44, the Defendant was issued KRW 6,897,830,00 from the injured party, when she saw the victim T to be a staff member of the Financial Supervisory Service, and she only took place as if he/she was a senior employee of the Financial Supervisory Service.

Accordingly, the defendant received money from the victim in collusion with the above person who was not the victim of the name.

B. The crime against victim V is committed.