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(영문) 수원지방법원 안산지원 2019.06.05 2018고단3935

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2012, the Defendant conspiredd with B, C, etc. to act as a telephone counselor according to C’s instructions in committing so-called voiceing crimes by misrepresenting financial institutions, loan companies, etc. and deceiving victims to transfer money through the so-called large passbook and report it to C, etc. if the remittance is confirmed.

Accordingly, on May 17, 2012, the Defendant or the employee under the name of the Defendant or the employee in distress provided a false statement to the victim D and provided a loan of KRW 10,000,000 on the same day from the victim to the F Bank account in the name of E (G). From that time, he received KRW 8,718,192 in total from the victims as shown in the attached list of crimes from August 1, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police interrogation protocol of H, I, J, K, and L;

1. A copy of each police statement of M, N, I, D,O, P, and Q;

1. Application of Acts and subordinate statutes to a copy of the R's petition;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, Etc. [Determination of Punishment] Fraud - Type 1 (less than KRW 100 million) (Special Convicted Person] - Simple element of mitigation / [Determination of the recommended area] mitigated area / [Determination of the recommended area] 1 to 2 years and 6 months (decision of sentencing] / both of the above sentencing factors and the defendant recognized the defendant's mistake, there is no criminal conviction exceeding the fine against the defendant, and all of the circumstances such as the final sentence against accomplices.