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(영문) 서울서부지방법원 2019.05.15 2019고단813

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 to 5 shall be confiscated.

Reasons

Punishment of the crime

1. The name and the victim of the fraud committed so-called “Singing” fraud by phoneing to an unspecified domestic victim to the victim in the Republic of Korea. The role of inducing the victims to transfer money to the account by visiting the lending institution, the role of “C” in ordering lighting staff to collect and withdraw e-mail cards and withdraw cash, and the Defendant, according to the above “C”’s instruction, intended to collect and withdraw e-mail cards and withdraw cash, and then to perform the role of remitting it to the designated account.

Accordingly, on March 8, 2019, the name-free person called the victim D by phoneing to the victim D at an unsound place, stating that he/she would offer a loan at a low interest rate if part of the existing loan is repaid.

However, the defendant was not an employee of the lending institution, and the victim did not have any intention or ability to make a loan at a low interest rate even if he deposits the money in the name of repayment.

On March 8, 2019, the name-free person was transferred from the victim KRW 8 million to the G bank account (H) in the name of F around 14:50 on March 8, 2019.

On March 8, 2019, the Defendant collected eck cards connected to the G Bank Account in F’s name according to the direction of “C”, and then withdrawn KRW 6 million from J Bank Department Department at the J Bank Department of Sucheon-si, J Bank at approximately 15:30 on March 8, 2019 using the said eck card.

As a result, the defendant was given property by deceiving the victim in collusion with the person who was not killed in name.

2. In using and managing the means of access, no person who violates the Electronic Financial Transactions Act may borrow or lend the means of access, or keep, deliver or distribute the means of access, knowing that such means are to be used for any crime or to be used for any crime;

On March 8, 2019, at around 13:00, the Defendant entered three pages, such as G Bodyc cards in F’s name (K), L’s M Bodyc cards (N), andO’s G bodyc cards (P).