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(영문) 광주지방법원 2021.02.18 2020고단6085
사기등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

All applications filed by applicants for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant conspireded to take charge of cash collection in order to transfer money to the account directed by a person who received the money from the name-based victim, and to the account directed by the person who received the money from the name-based victim, as well as an employee of the Fair Trade Commission, who directly assists in the fraudulent financial fraud and victims of the telephone financial fraud.

Accordingly, on November 4, 2020, the name-free person suggested that "the victim H is able to borrow up to a maximum of 80 million won per annum by 4.5%" by putting a telephone from the victim H at the remote site, and then again, the victim assumes the victim's own staff who has received the existing loan from the victim by putting the telephone, and then the existing account and card will be suspended and seized in violation of the terms and conditions of the loan.

A false statement was made to the effect that “I will deliver cash to employees from the Fair Trade Commission,” who immediately repay a loan.

However, the fact that the name-oriented person was not an employee of the financial institution or the Fair Trade Commission, and there was no intention or ability to allow the victim to lend the loan at low interest rate.

Accordingly, the Defendant received an instruction from a person who was unable to receive his name, and received 8.1 million won in cash from the victim in front of the Lgate in Ulsan-gu, Ulsan-gu, and received 16:30,000 won in advance of the same day, and thereafter deposited the account without passbook after deducting the commission from the account known to the victim. From around that time to November 18, 2020, the Defendant received a total of KRW 146,465,000 in nine times, such as the entry in [Attachment] No. 1-9] of the list of crimes in attached Form 1-9, and attempted to receive KRW 9,00,000, such as the entry in [Attachment] No. 1000,000 in the list of crimes, but the Defendant did not report the fact to the police and did not commit a attempted crime.

Accordingly, the defendant, in collusion with a name-free person, knew the victim, stolen the property, or did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. G, B, C, M, D, H, F, N, E.

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