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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On January 9, 2020, the Defendant was sentenced to three years of imprisonment for fraud at the Gwangju District Court, and the judgment became final and conclusive on August 14, 2020.
The defendant, as a foreigner of Maria nationality, was approaching the victims of SNS and e-mail, etc., along with the same nationality-based foreign foreigners, indicated a sense of identification, formed trust on the ground of re-power, appearance, etc., and conspired to commit the crime of "Romany Scam" under the pretext of expenses, and then, the defendant was responsible for the role of inducing the victims to withdraw the money by deception or transfer it to another account under the direction of the above person who was not aware of his name with B, by misrepresenting the UN military, real estate business entity, etc. and demanding the victims to pay the money for customs clearance fees, etc.
Accordingly, from August 23, 2019 to September 26, 2019, the name-freeist sent the victim C a message “to send cash with a gift to door-to door-to-door,” and he received from the victim a transfer of KRW 2,80,000 from the victim under the name of the company bank account (Account Number E) in the name of D around August 30, 2019, and from July 2, 2019 to September 26, 2019, he received KRW 161,095,00 in total from 14 as shown in the attached list of crimes from around July 2, 2019 to around September 26, 2019, and the Defendant, along with the above B, withdrawn the above damage amount or transferred it to the account designated by the recipient of the said damage amount.
Accordingly, the defendant, in collusion with the victim and the victim, acquired 161,095,00 won from the victims.
Summary of Evidence
1. The Defendant’s legal statement C, F, G, H, I, J, K, K, L, P, and Q respective written statements of police statements on each of the following financial transaction replies data (C, F, H, H, and Q, written opinions, each printed out of each CCTV video data reply (C, monetary record) with R, Kakao Stockholm-2380, and written opinions.