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(영문) 부산지방법원 2019.06.12 2019고단1651
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 21, 2019, the Defendant: (a) received a proposal from an employee of Bohishing Co., Ltd. (C-friendly referred to as “D”); (b) “B is a company exporting to a foreign country, such as Vietnam and Russia, by purchasing domestically new vehicles; (c) from those who cancel the purchase of new vehicles, 2% of the recovered amount would be paid as allowances; and (d) received the said proposal from those who would return to the country in accordance with D’s order; and (e) received cash or delivered cash and remitted it to the account instructed by the said “D.”

As a result, the employees of the Singishing had the victims deposit money equivalent to the existing loan in the large account by falsely pretending to a financial institution, stating that “to allow a loan at a low interest rate, in order to obtain a low interest loan, the existing loan must be repaid,” and then had the nominal holders of the large account withdraw the amount of damage in cash and deliver cash to the defendant. The defendant transferred cash to the account of the Singishing organization, and received 2% of the amount of damage as allowances.

1. On March 8, 2019, when the Defendant misrepresented “F” staff by phone call from the victim E, the Defendant was transferred KRW 30 million from the victim’s account in G on March 8, 2019, stating that “A loan may be extended to KRW 92 million, and the interest rate shall be KRW 2.6%, but it is possible to repay the existing loan first,” and that it was transferred from the victim KRW 30 million to the H account in G on March 8, 2019.

In addition, the Defendant, at around 14:42 on March 8, 2019, waiting before the J head office located in Busan East-gu I, Busan, under the direction of “D,” which is a non-name-based organization, shared information, such as the situation of withdrawing the amount of damage, personal information of the account holder who has withdrawn the amount of damage, and the appearance of the increase.

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