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(영문) 서울서부지방법원 2019.10.02 2019고단2555

사기등

Text

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

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

Reasons

Punishment of the crime

A person who has failed to name shall call to unspecified victims in Korea, misrepresent himself/herself to financial institutions, and encourage victims to commit a crime, and keep his/her name cards with the instructions given by the victims of the crime of Bophish, in accordance with the direction given by the victims of the crime of Bophish, and the defendant shall keep them under custody.

In order to carry out the role of remitting money after withdrawing money by using the card, the defendant conspireds to deceiving others by using name scam and scam in order with the name scam.

1. Fraud;

A. At around 13:56, July 16, 2019, the Defendant: (a) received an order to collect a e-mail card from a person without a name in front of a store located in Mapo-gu Seoul Metropolitan Government D; (b) received an order to collect the e-mail card from the F bank account (number: G); and kept the F bank e-mail card (number: H) connected to the account in the name of E.

On July 16, 2019, the name-freeist called “the J division of the I bank is the chief of the J of the I bank, and when the existing loans are repaid at a low interest rate, he sent money necessary for the repayment of the existing loans.”

However, the person who has failed to know the fact is not an employee working in the I Bank, but only the victim C with intent to acquire money for the repayment of existing loans, and there was no intention or ability to give a new loan to C.

At around 17:04 on the same day from the victim C to the F bank account in the name of the above E, and the defendant was instructed by the victim to withdraw money from his name in the name of the above E, and then withdrawn KRW 6,00,000 from 17:37 to 17:44 on the same day from 17:37 to 17:44 on the same day and deposited without the passbook.

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

B. The Defendant committed a crime against the Victim K, around 17:02, around July 17, 2019.