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(영문) 인천지방법원 부천지원 2013.05.02 2013고단289
사기
Text

Defendants shall be punished by imprisonment for one year.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 2012, 2012, the Defendants: (a) received a proposal from a person who was named in the name of the Chinese national (E) in the first place to withdraw the amount of damage from the telephone financial fraud (hereinafter “Sing”); (b) consented to this offer; and (c) had a cash card issued from a member of the Singing Fraud; and (d) conspired to withdraw the amount of damage from the money via a telephone when the amount of damage was remitted; and (e) to deliver the money to the money exchange designated by E.

On November 9, 2012, at least 16:39 on November 16, 2012, a person who was named as a member of the Bophishing Fraudulent Group, was at the time of lending KRW 10 million to the victim F by telephone, and at the time of the examination of a gold company, the credit rating has been lowered. In raising credit rating, it was false that money was remitted to a bank account as designated by the Company.

However, in fact, the staff of the Bophishing fraud group did not have the intent or ability to raise the credit rating of the victim even if they received the money from the victim.

The victim transferred KRW 2,068,928 from November 13, 2012 to the Agricultural Cooperative (H) account in G from November 13, 2012, and the Defendants withdrawn it.

The Defendants conspired with the members of the Bosing Fraud Team, including E, and received total amount of KRW 53,102,070 from November 6, 2012 to November 14, 2012, by deceiving the victims over 15 times, as shown in the list of crimes in attached Form E.

Summary of Evidence

1. Defendants’ respective legal statements

1. Part of each protocol of examination of the police and prosecution against the Defendants

1. Each police protocol of statement against I, J, K, L, and M;

1. The police statement concerning F;

1. Seizure records;

1. Each photograph, CCTV photograph and video;

1. Details of transactions of automation machinery, details of each account, etc., each communication data meeting, and details of each financial account transaction;

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