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(영문) 서울남부지방법원 2018.01.24 2017고단5527

사기등

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 10 shall be confiscated.

Reasons

Punishment of the crime

The Defendant conspireds with the name-free persons, and made a false statement to the persons in Korea, such as “a loan may be made, but the loan shall be repaid in part,” etc. The Defendant notified in advance of the open account and caused the victim to remit money, and then the Defendant intended to withdraw cash by using the check card connected with the above account and then receive 5% of the withdrawn amount in return for the withdrawal.

As such, the Defendant: (a) conspiredd to commit a “singing” crime under the prompt name, which belongs to, and receives and withdraws money from, a person without labor; (b) thereby, (c).

1. Fraud;

A. On October 24, 2017, the Defendant committed a crime against the victim E with a false statement stating that “A victim is required to make an additional loan but, in order to obtain a loan, it is necessary to pay 3,60,000 won even if part of the existing loan is remitted.” The Defendant wired 3,00,000 won to a new bank account (Account Number: G) in the name of F on the same day by phone to the victim E at a place where the victim could not know.

Accordingly, the Defendant, in collusion with the person who was not aware of his name, by deceiving the victim as above, received 3060,000 won from the victim.

B. On October 26, 2017, the Defendant, who committed the crime against the victim H, misrepresented the victim H by phoneing the victim H at a place where it is not known to him/her around October 26, 2017, and made a false statement to the victim, stating, “In order to convert the high interest rate loan currently in use into a low interest rate, it is necessary to lower the debt rate, thereby remitting KRW 5 million to the person in charge of the computerized financing of crypt loan,” and said, the victim transferred KRW 5 million to the Saemaul Bank account (Account Number: K) in the name of J on the same day, and the Defendant.