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(영문) 창원지방법원 2020.01.17 2019고단3306
사기
Text

[Defendant CZ] The defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to imprisonment with prison labor for special larceny, etc. at the Changwon District Court on April 26, 2018 and completed the execution of the sentence in the Changwon Prison on November 12, 2018.

【Criminal Facts】

On February 2019, the Defendants and DA conspiredd with the above members to receive money from the victim and deliver it to the above members, in sequence, through a false statement to the effect that telephone financial fraud assistance officers would be able to obtain low interest rate loans by putting a telephone call by misrepresenting an unspecified financial institution to the victims, through the “DB team leader,” which is a telephone financial fraud organization, which is the victim’s name in the middle of February 2019. The Defendants and DA conspiredd with the above members to receive money from the victims and deliver it to the above members. Defendant CZ intended to play the role of soliciting the accounts to be used for committing the crime, the role of providing the accounts to be used for committing the crime, and Defendant A conspired to withdraw money together with DA.

On February 25, 2019, at least 12:00 on February 25, 2019, the person whose name was the cause of the telephone financial fraud organization, sent the text message for loan advertisement to the victim DC, and reported it to the victim who called it, “If the victim redeems the amount of KRW 10 million out of the card theory 14 million being used by the I card company, he/she will make a 4.5% of the total amount of KRW 38 million available at the 4.5% of the total amount of KRW 38 million.” It was transferred from the victim to the G bank account in the name of the defendant (D) on two occasions on February 26, 2019.

As a result, the Defendants conspired with telephone financial fraud assistance staff, such as DA and DB, and received property from the victim by deceiving the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A violation of the Special Act on the Prevention of Loss Caused by Telecommunications-based Financial Fraud and Refund of Loss, etc. by the Changwon District Court 2019 Gowon District Court 164, 2206 (Consolidated) with regard to DA;

1. Statement of statement of the police, witness, and witness about DC;

1. Seizure records and written judgments;

1. A previous conviction in judgment: An inquiry report and an individual;

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