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(영문) 서울중앙지방법원 2016.09.21 2016고단4286
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On March 13, 2016, the Defendant left China and joined the International Telephone Financial Fraud (hereinafter “Ssing”) organization, and, in accordance with the instructions of the management staff such as D, led victims in many unspecified Republic of Korea to call calls from the public prosecutor’s office investigator, prosecutor, deceiving them by misrepresenting them, and induce victims to transfer money to another person’s account in the name of another person, and conspired to commit telephone financial fraud.

Accordingly, on March 17, 2016, the Defendant, along with the members of the foregoing organization such as D, assumes the victim G from the office near the F Hospital located in China, in order to post the phone call to the victim G and the H inspection, and falsely speaks that “The Defendant shall withdraw all the deposited money from the bank and transfer it to the safety account of the Financial Services Commission designated by the Financial Services Commission because the account was stolen for a crime,” and that the Defendant, in this day, has the victim transfer all the funds of KRW 30 million to the U.S. bank account in the name of the U.S. bank account in the same day and thereafter, from that time to May 16, 2016, the Defendant transferred the total of KRW 92,147,000,000 over four times, such as the attached list of crimes, from May 16, 2016.

As a result, the defendant, in collusion with the non-name assistance staff, acquired a total of KRW 92,147,00.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to G, I, J, and K;

1. Each investigation report (including the list of evidence Nos. 11, 22, 40, 44, and accompanying materials);

1. Application of Acts and subordinate statutes on internal investigation reports (including evidence list Nos. 17 and accompanying materials);

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of punishment for a crime;

1. The crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is committed by a high level of systematic and systematic crime that causes severe social and economic damage and serious adverse effects on the trust relationship of all members of the society.

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