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(영문) 서울중앙지방법원 2017.02.24 2017고단264

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, in collusion with C, D, and E, had the victim F access to the victim and received the victim’s money in the name of expenses for receiving the call from abroad.

Accordingly, C shall establish the overall crime plan and distribute the work to each person, E shall provide an account to receive money from the damaged person, and D shall access the victim through North Korea through the name of "G," and he/she shall deposit the gift through E by stockpiling the friendship.

After doing so, money is deposited in E’s account through telephone calls and text messages, and Defendant 1 conspired to withdraw money deposited as above.

Accordingly, around March 2016, around 2016, the following purport was that D’s name “G” was used, the victim accessed the victim through SNS Plux North Korea, and he stored for friendship, and around August 2016, D’s name was stated to the effect that “$ 4,000 was deposited into E’s account in terms of customs clearance expenses, taxes, etc. to receive thesis goods to send oral, etc., such as clothes and oral, etc.”

However, even if the defendant et al. received money from the injured party, he did not have the intention or ability to send the gift to the injured party.

Defendant

1,111,220 won (US$ 1,00) was transferred to the account by deceiving the victim as above, and from the victim on August 29, 2016, 1,111,220 won (US$ 1,000) was transferred to the corporate bank passbook (H) in the name of E.

2. On December 23, 201, the Defendant violated the Immigration Control Act entered the Republic of Korea through exemption from the visa, and thereafter filed an application for refugee to extend the stay, but the decision to deny refugee status was rendered, and only until August 8, 2016, the Defendant stayed in the Republic of Korea by not later than December 29, 2016, and stayed in the Republic of Korea beyond the scope of the period of sojourn.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation reports (related to verification of personal information on book-keeping women) and investigation reports (related to attachment of accusation reports on violations of the Immigration Control Act) and attachment thereof;