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(영문) 서울남부지방법원 2018.01.11 2017고단4519
사기등
Text

The defendant shall be punished by imprisonment with prison labor for one year and six months, and imprisonment with prison labor for the crimes of No. 2 of the judgment.

Reasons

Punishment of the crime

The defendant in collusion with the name-free persons, and the name-free persons who are in the Republic of Korea shall post a telephone without any intention to the persons in Korea, and shall pay in advance seven million won to the persons who are in the Republic of Korea.

The Defendant made a false statement, “,” etc., and had the victim transfer money after notifying the prior account to the victim, and had the Defendant withdraw cash by using the check card connected to the said account and then received 3% of the amount of the cash withdrawal in return for the deposit with the designated account.

As such, the Defendant: (a) conspiredd to commit a “singing” crime under the prompt name, which belongs to, and receives and withdraws money from, a person without labor; (b) thereby, (c).

1. On September 1, 2017, at a place where it is impossible to know about September 13:26, 2017, the Defendant, by calls from the victim D and misrepresenting the victim D to the division, thereby doing so. “The Defendant may loan the victim at a low interest rate of 8.9%” to the victim. If the Defendant wishes to obtain a loan, he/she shall transfer KRW 7 million to the account informing the victim of the advance payment of KRW 7 million.

“Along on the same day, the injured party remitted KRW 7 million to the new bank account (Account Number: G) in the F’s name on the same day, and the Defendant was notified of the deposit of the fact from the name in the cash withdrawal machine at the KEB bank branch in Yeongdeungpo-gu Seoul Metropolitan Government, at around 15:31 on the same day, at around 15:31, the Defendant sent KRW 7,000,000 to the account in the F’s name by means of deposit without passbook after withdrawing KRW 6,990,000 out of the damage amount deposited to the account in the F’s name using the check card in the F’s name.

As a result, the Defendant, in collusion with a person who is not aware of his name, by deceiving the victim as above, received seven million won from the injured party.

2. Any person who violates the Electronic Financial Transactions Act shall be either lending or lending an access medium with the knowledge that such medium is to be used for a crime or to be used for a crime;

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