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(영문) 서울동부지방법원 2019.08.14 2019고단2159
사기
Text

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

Reasons

Punishment of the crime

On May 1, 2019, the Defendant received from the staff of the Hahishing operations, and proposed the role of remitting the amount of damage from the Hahishing operations to the Hahishing operations (hereinafter “collection and Transfer Obligations”) on the part of the Hahish organization, and accepted the condition under which the Defendant received an additional amount of money in excess of the amount of 10,000 won per day.

Accordingly, on June 26, 2019, the employees of scaming operations made false statements to the effect that “the head of a Si/Gun/Gu is likely to be involved in a crime. In order to not be damaged, the funds of his/her account shall be deposited in the account under the name of the director C in the name of the director of the Financial Supervisory Service.” At around 14:30 on the same day, the victim transferred KRW 27 million to the IBK Bank account (D) account in the name of C at around 14:30 on the same day.

On the other hand, a false statement is made to the above C as if it were to misrepresent the staff of the financial institution and to impair the loan. The above C, who is unaware of the fact, entices him to withdraw the money deposited in the above account, and the Defendant, upon the instructions of the above, found around June 15:37, 2019 in front of the street store located in Gangdong-gu Seoul Metropolitan Government, and received KRW 27 million in cash from the above C.

Accordingly, the defendant conspireds with the above employees of Bosing the above name in sequential order, by deceiving the victim, thereby deceiving the victim of KRW 27 million.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and B;

1. Records of seizure and the list of seizure;

1. Application of field photography photographs, seized objects photographing Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the facts constituting an offense, the reasons for sentencing choice of imprisonment, and the reasons for sentencing;

1. The range of recommended sentences according to the sentencing criteria (decision of type) systematic fraud (less than KRW 100,00) (special sentencing factors): the mitigation factors: simple statement and significant part.

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