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(영문) 부산지방법원 2017.08.11 2016고단7560

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On October 26, 2016, the Defendant was sentenced to one year and two months of imprisonment due to fraud, etc., and the judgment became final and conclusive on June 15, 2017.

[2] The defendant is a member of the telephone financing fraud organization. The defendant is responsible for the duty of deceiving the victim and allowing the victim to deposit the amount of damage into the designated account. The defendant is a person in charge of the duty of finding cash from the above account.

Accordingly, on September 1, 2016, the nameless person shall be the F Prosecutor of the Public Prosecutor's Office of Korea by telephone to the victim E at around 10:00.

Since the account opened in the name of the party was used for the crime, it is intended to transfer the money of the account to the safe account to the safe account after the investigation.

“Falsely speaking, the victim shall be required to deposit KRW 26.4 million into the H account of one bank in the name of G designated by the person in default on his/her name, and the G shall deposit KRW 26.4 million with the victim for the promotion of the former loan account.

Since the lending officer will immediately withdraw the deposited money and then will be exempted from the lending officer.

“A false representation was made.”

After that, according to the above plan, the Defendant was given KRW 8 million out of the cash amount of KRW 26,40,000,000,000,000,000,000 from G around 12:20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

Accordingly, the defendant, in collusion with a name-free person, acquired money of 26.4 million won owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect A by the prosecution;

1. A protocol concerning the examination of the police officer in G;

1. Copy of the second examination protocol of the police suspect under A;

1. M. M.