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(영문) 대구지방법원 2007.8.28.선고 2007고단2734 판결

.사기

Cases

207 Highest 2734.3385 (Consolidated) Fraud

Defendant

1. Quantities00 (Bod August 4, 1983), non-existence

Residential Republic of Korea: 00 p.m. 00 p.m.

Nationality Mad Foreign Mady

2. Quantities00 (Sus. 19 June 19, 1984), and non-occupationals

Residential Republic of Korea: 00 p.m. 00 p.m.

Nationality Mad Foreign Mady

Prosecutor

Iseather

Defense Counsel

Attorney Han-soo ginseng (National Election for Defendants)

Imposition of Judgment

August 28, 2007

Text

Defendants shall be punished by imprisonment for two years.

The number of detention days prior to the pronouncement of the judgment shall be 95 days prior to the pronouncement of the judgment, including the above punishment against the Defendants.

The seized evidence as referred to in subparagraphs 1, 3 through 25, and 27 through 29 shall be confiscated by the Defendants. The seized evidence as referred to in subparagraphs 2 and 26 shall be returned to the injured party 00.

Reasons

Criminal facts

The Defendants, as a member of the organization for the crime of international telephone financial fraud, operate the call center in China, and misrepresentation of the Nonindicted Party’s personnel from many unspecified domestic victims to transfer the call from the victims. The Defendants entered Korea on May 17, 2007 by visiting tourists, and then wanting to withdraw the cash remitted as above by the victims, in collusion with the above-mentioned names and the above-mentioned victims and the one-day shower 00, namely, the Defendant’s entry into Korea on May 17, 2007;

1. On May 25, 2007, at around 10:46, a false statement was made to the effect that “the Industrial Bank of Korea employees, etc. are misrepresented at a non-indicted 00 location, and a credit card is issued in the name of the party and used for fraud by leaving the victim b0 via phone calls. It is currently being used for committing fraud. It is currently intended to take protective measures against the current account of the party under investigation. As ordered by the nearest cash payment season, it is intended to enter the number as ordered by the instructions from the nearest cash payment season,” leading the victim to operate the cash payment machine as ordered by the above, and allowing the victim to operate the cash payment machine as ordered by the following persons to go up to the nearest cash payment season of the Daegu Livestock Industry, the Agricultural Bank of Korea, the Agricultural Bank of Korea, and the victim’s account to 13,875,600 won over twice from the Agricultural Bank account of the victim to the agricultural bank account of 00 to take over the above money by means of withdrawing it, as stated in the attached crime list.

2. On May 24, 2007, at around 13:15, 200, a false statement was made to the effect that "the victim Kim 00 is an employee of El branch card company and personal information has been leaked, and the card was issued and used under the name of the party. At present, the National Police Agency received the case and is currently under investigation. As ordered by the National Police Agency to suspend payment of the card, the number is entered as stated in the instructions given by the nearest cash payer." This means that the victim induce the victim to go in the future as one of the agricultural cooperatives near the Agricultural Cooperatives, and that the above person operates the cash payment machine as stated above, thereby inducing the victim to operate the cash payment machine as a part of the near agricultural cooperatives at the time of cash payment period, thereby allowing the victim to transfer the total amount of KRW 9,988,200 and KRW 9,688,676,400 from the Agricultural Cooperatives of the victim to the livestock Cooperative account, and then withdrawal KRW 8,500,000,000.

Summary of Evidence

1. Part of the Defendants’ legal statement

1. Part of each prosecutor's interrogation protocol against the Defendants

1. The written statement by each police officer against Na00, Yellow 000, Kim 00

1. A statement of 00;

1. Seizure records;

1. Detailed statement of transactions of each automatic cash withdrawal, details of passbook transactions, ct v screen;

Judgment on the Defendants’ legal action

The Defendants asserted that the Defendant, on May 17, 2007, entered the Republic of Korea for the purpose of tourism and that, upon the request of 00 Shao 'Sai-Sai-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa

However, until the arrest of May 25, 2007, the defendants could not find any trace of tourism. During this period, the defendants could sufficiently recognize the criminal facts of the above international telephone financial fraud organization, taking full account of the following: (a) the defendants were unable to find any trace of tourism until they enter the Republic of Korea; (b) they returned to Seoul and Ansan, etc. along with the showa 00; and (c) they withdrawn a large amount of cash using several cash cards at various military banks, such as the Korean bank Sari branch, the branch, the Gangnam-dong branch, the Han Bank, and the Ansan branch, the Han Bank, the Ansan branch, and the Han Bank; (d) some of them were withdrawn from the cash payment machine, along with showa 00; (c) the cash card and the contact method with the accomplices at the time of arrest; (d) the cell phone and the cell phone, the contact method with the accomplices at the time of the arrest; and (e) the official seal stamp to conceal the withdrawal; and (e) the defendants entered the Republic of Korea and withdrawn money from the account transfer.

Therefore, the defendants' lawsuits to the effect that the defendants only withdrawn cash upon the request of the shower's paper and do not agree to commit the above crimes. It is not accepted as it is completely persuasive.

Application of Statutes

1. Relevant provisions concerning facts of crime: Articles 347 (1) and 30 (Selection of Imprisonment) of the Criminal Act;

2. Aggravation of concurrent crimes (the defendants): the first sentence of Article 37, Article 38 (1) 2, and Article 50-3 of the Criminal Act; and Article 57 of the Criminal Act

4. Altitude (Defendants): Article 48 (1) 1 of the Criminal Act.

5. Return of victims: International telephone financial fraud of Article 333 (1) of the Criminal Procedure Act (the expression of intent of revocation is implicitly recognized) which has been a recent issue in the Republic of Korea, is a crime that makes a large number of unspecified victims in Korea free of discrimination and indiscusscing, and a state agency misrepresents himself/herself to operate cash payment instruments with passbooks or cash card and transfers money from the victim's account to another account. It is an international crime in which many accomplices share their roles in a systematic link with each other, and causes a large amount of damage to many victims. The defendants enter the Republic of Korea to withdraw the money transferred from the account of the victims as the cash withdrawal of the above criminal organization, and arrested cash withdrawal.

Judges

Judges Cho Jae-ho