(영문) 대전지방법원 2020.06.05 2020고단1083

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(영문) 대전지방법원 2020.06.05 2020고단1083

사기

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around 1:50 on March 6, 2020, when a member of the telephone financial fraud organization calls to the victim B and assumes a loan obligation of KRW 9.58 million to the E Bank of the victim with a annual interest rate of 1.5%, the Defendant makes a false statement as if he could have lent 9.5% per annum, and received KRW 9.88 million from the victim. On March 6, 2020, the Defendant was to receive a certain amount of allowance at around 17:10 on March 6, 2020, and then to receive a certain amount of allowance at around 17:50,000 won from the victim under the direction of the telephone financial fraud operator in the name of the victim, and then to receive KRW 9.588,00 in cash from the victim, and then remitted the amount to H-free account in the name of the victim to the H-free account in the name of the victim.

Accordingly, the defendant, in collusion with the above-mentioned telephone financial fraud assistance staff, acquired 9.58 million won from the victim.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the accused by the prosecution;

1. Partial statement of the police suspect examination protocol against the defendant;

1. Protocol of the police statement concerning B;

1. Appellants, investigation reports (consting part of the victim B’s Kakaox conversation), capsfatox messages, criminal investigation reports (Attachment to the suspect A’s Kakaox conversation), photographs of the Kakaox messages, and cellular phone messages photographs;

1. The defendant's assertion and judgment on the records of seizure and the list of seizure

1. The alleged defendant received a letter 2.5 million won monthly wage from the team leader of the JJ team of the I, which is a mobile phone-related company, and sent a resume and family relation certificate using a photograph to the Kakakao Stockholm, and then recovered the loan from the person employed as an intern and received a direction to recover the loan from the person employed as an intern, and there was no intention to commit the crime.

2. The following circumstances acknowledged by the evidence as seen earlier, namely, that of this case, the Defendant was instructed by J to Kakaok to collect money, the amount of money to be collected, and the other party’s appearance, and the victim was found.

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