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(영문) 대구지방법원 서부지원 2017.08.23 2017고단277

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On June 14, 2016, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Daejeon District Court on August 24, 2016, and the judgment became final and conclusive on August 24, 2016. On September 29, 2016, the Daegu District Court sentenced the imprisonment of two years and six months for fraud, and the judgment became final and conclusive on February 17, 2017.

[2] The Defendant, on April 20, 2015, entered Korea around April 20, 2015 with Chinese nationality, and the Defendant, who was known from China to China, provided the account used for the phishing crime upon the request from the “C”, which is the cause of the Chinese financial fraud organization.

After the defendant conspired with C as above, he would arrange the victim D (D and Chinese nationality) to transfer money only if the money was transferred to the victim through the "We three-year period" of the We three-year period of mobile phones around July 31, 2015, which is the co-offender of C in China.

“Along on August 2, 2015, the Defendant received 2 million won from the damaged person to the bank account (E) in the name of the Defendant, as indicated in [Attachment Table No. 13] No. 13, from the victim of the crime, and acquired the money by transfer, and the Defendant provided the account used for the phishing crime as above.

Accordingly, the defendant, in collusion with C or a person with a name infinite, acquired 2 million won from the victim as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements and written complaints of D;

1. Investigative Report (Confirmation of Account Transaction Details), - Account Statement, Investigation Report (A or Bill of Indictment with Respect to Suspect A or Suspect A), Court Decision, Investigation Report (Confirmation of Suspect A or Case A or Case Report and Procedure of Judgment), Court Decision, Investigation Report (Confirmation of Results of Judgment in Appeals), Court Decision, Investigation Report (Confirmation of Suspect A or Case Report in Appeals), Court Decision, Investigation Report (Confirmation of Date of Confirmation of Separate Decision), - Statement of Transaction Details, Financial Account Warrant Answer Data, Investigation Report (Confirmation of Account Use of Crime) Applicable to Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, but the reason for sentencing of Article 39(1).