(영문) 서울중앙지방법원 2016.02.26 2015고단7729

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(영문) 서울중앙지방법원 2016.02.26 2015고단7729

사기

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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[In fact, the name in China is a "total liability" of the telephone financial fraud organization, and the role is to act on behalf of a police officer in China while operating a call center in China, and to act on behalf of an unspecified number of people in the Republic of Korea, and to manage the financial fraud crime of taking money by deceiving money by means of "the bank account was used for the crime of fraud" and "the bank account was remitted to a designated account," and the subordinate part is to act on behalf of the police officer, such as "the solicitation of money," "the withdrawal of money in cash," "the remittance of money," and "the remittance of money," etc.

Accordingly, the Defendant conspired to commit a financial fraud by informing his nameless person of his account number and withdrawing the amount of damage deposited into the relevant account as ordered by the nameless person through telephone, and by giving the remainder to the “delivering books” in return, the Defendant conspired to commit a financial fraud.

[2] On May 29, 2015, the person who was not aware of the criminal facts refers to the false statement that, by misrepresenting the victim C with phone calls from the victim at an infinite place on May 29, 2015, “the bank account in the name of the party has been used for the crime of fraud, has been transferred to a designated account.” The victim transferred KRW 50 million to the bank account in the name of the defendant around 11:13 on the same day.

Meanwhile, around 11:51 on the same day, the Defendant waiting at the Mapo-gu Seoul Mapo-gu Bank's Mapo-gu Bank's 45th day along with the "delivering account", and then withdrawn KRW 40 million from the account under one's name in accordance with the direction of the person who was not killed in his name and sent it to the above "delivering account".

As a result, the defendant was given a total of KRW 50 million by deceiving the victim in collusion with the person who was not injured in name.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. C’s authenticitys, written statements 1.

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