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(영문) 서울중앙지방법원 2017.09.13 2017고단4355
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 3 shall be forfeited from the defendant.

Reasons

Punishment of the crime

The Defendant: (a) operated a call center in China; and (b) conspired with a person without a name who planned and led a so-called “singing” fraud crime; and (c) conspired with each other to receive the so-called “transfer liability” to receive money from the victim’s account by demanding the unspecified number of unspecified domestic victims to withdraw direct money from the victim’s account on the ground that it is necessary for criminal investigation, misrepresenting the staff of the prosecutor’s office, and claiming the borrower to transfer money to a specific account as the borrower assumes the need for the loan; (d) the Defendant: (a) received money from only the victim who has withdrawn money from the Plaintiff as above or deposited money from the victim; and (b) wired money from the victim to the account designated by the person without a name.

1. On May 24, 2017, in accordance with the above public offering, the person who was unaware of the name of the crime committed against the victim D, assumes the victim D by telephone and misrepresenting the NA staff and then “to obtain a loan, it is necessary to raise the transaction performance.”

On May 29, 2017, when remitting money to a designated account, the victim made a false statement that he/she would return money together with the loan after raising the transaction performance. In this context, the victim transferred money to the E Han Bank account at around 13 million won on May 29, 2017.

In addition, around 12:00 on May 29, 2017, the Defendant received KRW 13 million,00,000,000 from the Defendant, according to the direction of a person who was unable to receive his name, at 3 times in Mapo-gu Seoul, Mapo-gu.

Accordingly, the defendant, in collusion with the name infinite victim, acquired 13 million won from the victim.

2. On May 29, 2017, in accordance with the above public offering, the victim F, who was unaware of the name of the crime, assumes the victim F by phone call to the victim F on May 29, 2017 and misrepresenting the victim F, and “a loan of KRW 15 million at low interest, may be granted, and in order to do so, the designated account should be paid in advance in 12 million.”

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