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(영문) 수원지방법원 안산지원 2015.12.09 2015고단2795
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

All of the facts charged of this case’s violation of the Electronic Financial Transactions Act.

Reasons

Criminal facts

On June 18, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny at the Suwon District Court for eight months, and the judgment became final and conclusive on April 14, 2015.

The Defendant, along with the Chinese telephone financial fraud assistance staff, conspired with each other to acquire money by deceptioning the money through a so-called “singing” method, which causes an unspecified number of people in Korea to deposit money by misrepresenting the staff of an investigative agency, and then, the telephone financial fraud assistance staff decided to take charge of the role of transferring money to the designated account from China to the domestic victims through telephone in China, and the Defendant’s act of withdrawing money transferred as above according to the direction of the aforementioned assistance staff.

On April 1, 2015, the Chinese telephone financial fraud assistance officer called "a person who is a high-tech information investigation team of the Supreme Public Prosecutor's Office.. The party's account may be exempted from the suspicion of remitting money to the account where it is necessary to confirm whether it is an illegal account related to the case."

The Chinese telephone financial fraud assistance employee in name was transferred 60,000,000 won in total to the corporate bank account (E) in the name of the defendant secured in advance by the victim C, and 3,000,000 won to the new bank account (F) in the name of the defendant, and 14,000,000 won to the corporate bank account in the name of the defendant secured in advance from the victim D was transferred to the bank account (E) in the name of the defendant, and then the defendant was asked to contact with the mediation staff in the name of the defendant to find out the above amount.

According to the above communication, the Defendant withdrawn 74,000,000 won from the corporate bank account and 31,000,000 won from the new bank account, respectively, and delivered it to the bearer staff.

Accordingly, the defendant was provided property by deceiving victims in collusion with Chinese telephone finance assistance staff.

Summary of Evidence

1. The defendant's partial statement and defense counsel are decided by the defendant.

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