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(영문) 서울동부지방법원 2017.09.14 2017고단2418
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The name Buddhist person is a person in charge of collecting physical cards to be used for the crime of Bosing, and withdrawing the money obtained through the crime of Bosing through the crime of Bosphishing, who is a person in charge of collecting physical cards with the name Buddhist persons, and who is a person in charge of collecting the money acquired through the crime of Bosphishing. The defendant and the name Buddhist person conspired to obtain money from many unspecified victims by deceiving the money as if they would cause the loan.

Since then, on July 20, 2017, the name-free person was made a false statement to the victim C by putting a phone to the victim C, that “I would create a Maspbook with the limit of KRW 50 million, which is the new bank, and even some of the existing loans are repaid,” and that member was remitted KRW 9.3 million from the victim to the national bank account in the name of D.

However, in fact, the Defendant and his name-free persons were those who have no relations with the new bank and did not have any intent or ability to create a passbook with which they promised to receive money from the injured party, and if the victim remitted money to D’s account, the Defendant was holding in advance.

D Using the check card of a national bank in the name of the national bank was a plan to withdraw it and re-transfer it to another account.

In this respect, the defendant and the non-party to the name of the defendant were informed of the victim by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to investigation reports (related to attachment of a copy of seized cards), investigation reports (related to attachment of hosting records), investigation reports (related to attachment of a copy of victim C’s statement), investigation reports (related to analysis of data on cell phone hosting records of suspect A), investigation reports (related to analysis of data on cell phone photographing records of suspect A), investigation reports (related to

1. Article 347(1) and Article 30 of the Criminal Act of the same Act as to the crime and the choice of punishment (the choice of imprisonment)

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