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(영문) 춘천지방법원 2019.10.16 2019고단675
사기미수방조
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The name misscam (the same day suspension disposition) planned to commit the crime of "scam" by receiving money from an unspecified number of victims to transfer the money for the repayment of the existing loan by misrepresenting an employee of a financial institution, and the Defendant was willing to easily commit the crime of the above name misscam by accepting a proposal from B (hereinafter referred to as "B") who received instructions from the above name misscamist box at the end of February 2019 to pay KRW 70,000 per deposit, and KRW 30,000 per deposit, and then depositing the money deposited by the victims into the account instructed by B after receiving the money deposited by the victims.

Accordingly, on March 8, 2019, the name-unexplored person misrepresented the victim C by telephone at a place where it is not known at around 09:00, and falsely called the victim C to be a proxy of the D Bank E, and “A loan may be granted at an interest rate of 3.5% if part of the existing loan is repaid at an interest rate of 50 million won.”

However, even if the above person has received the money from the victim as the repayment of the loan, he did not have any intention or ability to make a new loan to the victim after he fully repaid the existing loan with the above money.

Nevertheless, as above, the person under whose name the victim deceivings the victim and let him deposit KRW 8 million with G account (Account Number H) in the name of F at around 16:14 of the same day. From 17:44 of the same day to 18:28 of the same day, F deposited in cash the above KRW 8 million between 17:44 of the same day and 17:2.57 of the same day, and the Defendant deposited the above KRW 8 million into the account instructed by B after receiving the above KRW 8 million from F at the front parking lot of the New Mari-dong Administrative Welfare Center located in 22:57, Gangwon-si, Gangwon-si, 4:57 of the same day. However, the Defendant attempted to deposit the above KRW 8 million from F to the account instructed by B, upon receiving a report from F, who was suspected of the crime of Boriishing, and arrested a flagrant offender at the above site, and thereby committing fraud, such as

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