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(영문) 서울동부지방법원 2017.08.10 2017고단1858
사기
Text

A defendant shall be punished by imprisonment with prison labor for a maximum term of eight months or less.

Reasons

Punishment of the crime

The Defendant, under the direction of the overall responsibility of the organization of the telephone financing fraud (hereinafter referred to as the “scaming”), received cash withdrawal from the Defendant by delivering the access media, such as passbook, cash card, password, etc. to which the money obtained by deception was deposited, and conspired with the Defendant to commit the above scaming in sequence, along with his name-non-organization’s total responsibility, telecomter, etc.

According to the above public offering, on March 23, 2017, the telecomter of the non-named telephone financing fraud organization made a phone call to the victim AZ and made a loan to the victim at a low interest rate from the transfer of money to the down payment required for the substitution loan. On March 23, 2017, the victim made a transfer of KRW 13 million to the Saemaul Bank Account in the name of BA (Account Number BB) on March 23, 2017, including the transfer of KRW 62 million in total to the seven accounts.

After that, immediately after the Defendant’s name was ordered by using Q’s Messenger, to prohibit the Defendant from withdrawing the total amount of money deposited in the Saemaul Treasury account in the above name BA out of the transfer money, and the Defendant appears to be a clerical error in the facts charged on March 23, 2017 by using a physical check linked to the Saemaul Treasury account in the above name BA, which was delivered by the Defendant from his name in advance.

13:30 At around 13:30, a sum of KRW 1,293,000,000 has been withdrawn from the National Bank’s new branch office of the Bank, and around that time, a sum of KRW 12.5 million has been remitted from the cash withdrawal period in the name of BC to the non-deposit account in the name of BC.

Accordingly, the defendant, in collusion with a person who has no name, deceiving the victim, thereby deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the AZ;

1. A certificate of request for deposit;

1. Application of the CCTV closure details and the Acts and subordinate statutes governing account transactions;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Articles 2 and 60, Section 1, of the Juvenile Act, which are illegal.

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