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(영문) 서울중앙지방법원 2019.01.18 2018고단7377
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence subparagraph 8 shall be forfeited from the accused.

Reasons

Punishment of the crime

The name-free person is the total liability of the telecommunications-based financial fraud (one-time phishing) criminal organization that receives money from the victim as if he/she misrepresented himself/herself to an investigation agency by calls against an unspecified victim or stolen the victim's family member, and the defendant plays the role of remitting money to the account managed by the said criminal organization by receiving direct money from the victims.

On October 2018, the Defendant received a proposal from “C”, which was known to the Defendant through the job offer advertisement of “B” from Malaysia, and consented to the proposal that “A would pay USD 300 as a daily day on the face of the week during which an illegal money was exchanged in Korea,” thereby soliciting with the members of the organization constituting the crime in succession. Accordingly, the Defendant entered the Republic of Korea around October 28, 2018.

1. On October 31, 2018, at around 12:49, a member of the organization that commits a telecommunications-based financial fraud was made false statement to the effect that “The personal information of the party is stolen and used for a crime. The money remaining in the party’s account should be withdrawn and kept in custody of the party’s property.”

Accordingly, after withdrawing KRW 6,60,020 from the account in the name of the victim, the victim sent the above money to the E-goods storage in the same region, and sent the receipt for the goods storage to the above full-time officers.

In fact, however, there was no fact that the victim's personal information was stolen, not the Seoul Central District Prosecutor's Office.

On the same day, the defendant moved 16:40 on the same day to Dong-gu, Daegu-gu, 550 on the same day, and brought 6,660,020 won which the victim stored in the E goods.

In this respect, the defendant is a person with no name.

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