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(영문) 서울동부지방법원 2020.08.28 2019노1114

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, it is sufficiently recognized that the defendant conspireds with the employees in charge of singinging with the victims, thereby deceiving the victims of money.

2. Determination

A. On the summary of the facts charged of the instant case, the Defendant conspireds with the victim’s telephone number that became aware of by infinite means such as telephone inducement, cash collection, and collection and removal measures in order to acquire money from the victims by deceptioning the phone number of the victims, thereby withdrawing cash, and then making the victims keep the cash available.

The Defendant, under employment by the Defendant’s name-free scaming total and action (one name “B”) policy, tried to take up cash stored in the door-to-door keeping and transfer the cash to a designated account and play a role of collecting the remittance of the passbook without passbook.

According to the above public offering, at around 11:00 on April 8, 2019, the non-name telephone inducement book was made by phone call to the victim C, and it was false to conclude that "the new account was connected to a crime. If the bank bank withdraws cash in the passbook and puts it in a door-to-door distribution box No. 11, Jungdong community service center No. 11, Jung-dong community service center, it shall be confirmed and returned to the public prosecutor's office." On the same day, at around 13:12, the victim had the victim keep cash KRW 5.8 million in cash when keeping a door-to-door distribution of 11,000,000, which is installed at the 112-ro, Seoul Special Metropolitan City, Gwangjin-ro 12-ro,

피고인은 그 무렵 성명불상 행동 지시책으로부터 휴대폰 메신저 ‘위챗’을 통해 위 택배보관함에 보관된 현금을 수거하여 지정된 계좌로 송금하라는 지시를 받고, 같은 날 13:36경 택배보관함에서 성명불상자가 알려준 비밀번호를 입력하여 580만 원을 꺼내 그 중 피고인 몫인 20만 원을 공제한 560만 원을 제3자의 인적사항을 이용하여 지정된 계좌로 송금하였다....