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(영문) 수원지방법원 안산지원 2015.07.24 2015고단1909
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On April 10, 2014, the Defendant, at the Seoul Central District Court, was sentenced to the suspension of the execution of imprisonment for eight months for fraud, and the said judgment became final and conclusive on April 18, 2014.

The name-free person is a so-called ‘general liability' that plans and implements telephone financial fraud crimes in the vicinity of a financial institution, and when the defendant is instructed to withdraw the amount of damage caused by telephone financial fraud from the above ‘total liability', he shall withdraw it.

On December 13, 2012, at around 10:30 on December 13, 2012, the person whose name was not paid KRW 300,000,000 to the victim C who resides in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, and who borrowed KRW 5,000,000, interest was not paid in one month. It made a false statement to the effect that "The 5,800,000 won was deposited."

However, there was no fact that the victim's children had been in contact with the victim's name in the place.

In order to receive KRW 5,800,000, KRW 900,000 from the victim's Agricultural Account in the name of No. D, and additionally receive KRW 2,900,000 from the Agricultural Cooperative Account in the name of F (Account Number: G) and then instruct the defendant to withdraw it.

From December 13, 2012 to 13:26 of the same day, the Defendant, upon receipt of an order from a person who was unaware of his name, withdrawn KRW 2,600,000, out of KRW 2,900,000, which was transferred from the victim to the Agricultural Cooperative Account in the said F’s name at the branch of the Korea Exchange Bank, located in the Sinsi (230) of the Korea Exchange Bank from December 13, 2013 to 13:26 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, F, and D;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to investigate materials about foreign crimes and investigation records;

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Act on the Selection of Punishment, Article 347(1) of the Criminal Act, the fact that the defendant of fine is led to the confession and reflection of the defendant, the agreement with the victim, and the amount of money acquired by deceit is not much much. The crime of this case is in the relation of the crime of final judgment

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