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(영문) 수원지방법원 2020.07.23 2020고단3209
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal power] On April 9, 2020, the Defendant was sentenced to imprisonment with prison labor and six months for fraud at the Suwon District Court on April 9, 202, and the judgment became final and conclusive on June 12, 2020.

【Criminal Facts】

On September 2019, the Defendant: (a) obtained KRW 150,000 per day from an employee of a telephone financial fraud (tentatively referred to as “scam”) who misrepresented the operator of a travel company; and (b) contacted with an employee of a telephone financial fraud broker, such as “B”, “C”, etc.; and (c) made a series of decisions to have the role of delivering cash from victims to an account designated by the said member of the organization in the name of the Financial Services Commission, such as presenting a document under the name of the Chairman of the Financial Services Commission.

Around 10:00 on October 4, 2019, a member of the said telephone financial fraud assistance in the name-based fraud assumes the victim E by telephone, and falsely speaks as follows: “I will provide loans at low interest if all existing loans are repaid. To prepare an application for a loan, I would like to install a caption and send money to the employee. I would return money to the employee. I would like to deliver money to the employee.” After inducing the victim to withdraw cash and have him/her hold the cash, I received KRW 19 million from the victim at H located in Nam-si, Seoul Special Metropolitan City on October 14:00 on August 8, 2019, and the Defendant received KRW 16:00,000 from the victim at the above H around October 16, 2019.

Accordingly, the defendant, in collusion with the above-mentioned telephone financial fraud assistance staff, acquired a total of 33 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E’s written petition;

1. 내사보고(지문감정 결과로 피혐의자 특정), 내사보고(범행 현장 주변 CCTV 확인), 수사보고(금융위원회 문서 첨부 관련), 수사보고 피의자 위챗...

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