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(영문) 서울중앙지방법원 2013.05.31 2013노1159
사기등
Text

The Defendants’ appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two years and six months of imprisonment, and two years of imprisonment) is too unreasonable.

2. The instant case presented a false document and an application for overseas account transfer as if a member who has subscribed to a housing mortgage loan loan product operated by a U.S. financial institution wants to obtain additional loans only by the receipt of the loan application document and confirmation of the intention of additional loan through telephone to obtain the loan, or the ASEAN criminal organization to which H et al. belongs (hereinafter “name-free box, etc.”) et al. belongs to request the Defendants to recruit the nominal holders of the account to receive the money acquired by deceit to the Defendants. When the Defendants recruited the account holders and then inform the name-free winners, etc. of their account information and business registration information as if they were the lender by means of hacking, etc., he/she submitted a forged document and an application for overseas account transfer as if he/she had concluded a goods export or import contract with the account holders who are the lender and sent the money to the domestic bank from the financial institution of the U.S., and then, the Defendants sent the money to the domestic bank by means of money transfer 300 billion won excluding the above commission.

The defendants led the crime of this case and the actual amount acquired by the crime of this case is only a part of the amount acquired by deceit, and the defendant B was only two times prior to a fine, etc. in favor of the defendants, but intelligence and organized under the prior plan to commit the crime of this case. The defendants did not lead the crime of this case.

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