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(영문) 청주지방법원 2019.01.23 2018고단1899
사기등
Text

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

The defendant shall pay 1,2250,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On March 22, 2018, the Defendant was detained in the Cheongju District Court on the grounds of fraud, etc. and was sentenced to two years of imprisonment on August 30, 2018, and is still pending in the appeal trial.

"2018 Highest 1899"

1. The Defendant, along with a person under whose name the constituent cause of the “Sphishing” was named, concluded that, if he/she calls to the victims of unspecified circumstances to “to give a loan at low interest” or to misrepresent himself/herself to lend money, he/she made a false statement, he/she would have withdrawn the remitted money from the victims to the account designated by the victims of the said false name, and then remitted it again to the account designated by the victims of the said false name, and received 2% of the amount of money from the said victims of the false name

Accordingly, in order to secure an account to receive money from an unspecified victim through the crime of Bophishing, the above nameless person called "on February 23, 2018" by phone to C, stating that "on the face of sending a e-mail card, he/she would give a loan", and delivered the e-mail card connected to his/her name (Account Number E) to the defendant via the e-mail article.

On February 23, 2018, the above-mentioned person made a false statement to the victim B that "in order to obtain a loan at a low interest rate, the existing loan must be repaid."

However, the above person was not an employee of the financial institution, even if he received money from the victim, he used it for the repayment of the victim's debt, and there was no intention or ability to lend other funds to the victim.

Nevertheless, on February 23, 2018, the above person under whose name the victim was accused of the victim and caused the victim to remit KRW 1,2250,000 from the D bank account in the above name C, etc. on or around February 23, 2018. On the same day, the defendant withdrawn KRW 7,5330,000 from the amount remitted by the G Union located in F in the same day, and remitted the remaining KRW 7,390,000,000,000,000,000,000 won

(b) above;

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