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(영문) 서울중앙지방법원 2017.09.08 2017고단4925

사기

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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At the same time, the Defendant planned and led the so-called so-called “Sishing” crime of telephone finance fraud (the suspension of indictment on the same day) and conspired with the Defendant to act as a member of the lending company by misrepresenting himself/herself to an unspecified number of unspecified victims in Korea, thereby making it necessary to lend money to a certain account, and if the Defendant wired money to a certain account, he/she would have the Defendant take charge of receiving money from the above account holder and delivering it to the above account holder.

On June 27, 2017, at least 15:37 on June 27, 2017, the person in unsound name assumes the proxy of KB National Bank E, and gives a low interest rate loan to the Government as the "Seb (b)" with the Government's support, and it is possible to lend up to 30 million won.

In order to do so, the transaction performance should be enhanced, and after receiving a loan from another lending company, it shall be deposited immediately in the account (G) of national bank in the name of F.

“Along on July 3, 2017, the victim made a false statement to transfer KRW 15 million to the said national bank account on July 3, 2017.

In addition, according to the above public offering, the Defendant received KRW 9 million from the above F, which was ordered by the Nonindicted Party to withdraw KRW 9 million out of the said KRW 15 million from the air station No. 9, Gangnam subway Station located in Seocho-gu Seoul, Seoul around July 3, 2017.

Accordingly, the defendant, in collusion with the above-mentioned person, acquired 15 million won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to F or D;

1. A protocol of seizure and a list of seizure;

1. 피의 자 휴대전화 위 챗 대화내용 사진 캡 쳐( 순 번 제 5번) 법령의 적용

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act provides for the suspension of execution (i.e., circumstances favorable to the defendant among the following reasons for sentencing) 1.