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(영문) 서울남부지방법원 2020.10.28 2020고정1433
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

【Criminal Power】 On October 2, 2019, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Seoul Southern District Court, and the said judgment became final and conclusive on February 13, 2020.

【Criminal Fact-finding, Defendant B, and Non-indicteds in name misrepresenting to a large number of unspecified victims, and they are members of the so-called “scaming” organization that, as they misrepresented the victims, would make a loan to them when they redeem part of the existing loans,” and, as they would make a loan, would have secured in advance after deceiving the victims, transfer money to the victims.

B, around October 2018, upon receiving a proposal from the Defendant to grant money to the Defendant to withdraw the source of the amount of the singishing damage, B participated in the crime of singishing.

Accordingly, on October 12, 2018, the victims of the above false statement stating that "if part of the existing loans is repaid, it shall be extended to KRW 25 million" by phone call to the victim C at an unspecified place and misrepresenting them as proxy, the victims of the false statement stating that "The above victims will borrow up to KRW 25 million,000,000 from October 15, 2018 to the F Bank account (Account Number: H) from October 16, 2018 to June 16, 200, and KRW 3,000,000 from the I bank account (Account Number: J) in total two times, such as receiving KRW 5,60,000,00 from each transfer, and Eul purchased from K, which is the check card under the above F name at that time, and in accordance with the direction of the defendant and delivered the money deposited in the name of the account in the name of K, LF, etc. and withdrawn from the account.

Accordingly, the defendant, in collusion with the above B and the above, acquired a total of KRW 5,600,000 from the victim C.

Summary of Evidence

1. Copy of the suspect examination protocol concerning the defendant's oral statement B by prosecution;

1. The police statement concerning B;

1. A copy of the C Preparation Statement;

1. Previous convictions in judgment: Criminal records, written judgments and investigation reports (at least 86 pages of evidence records) shall apply to statutes;

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