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(영문) 의정부지방법원 고양지원 2017.06.02 2017고단638
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

In the organization of “scaming” under the name of a third party which receives money from an account under the name of a third party (hereinafter referred to as a “scam account”) and acquires money from an unspecified number of victims who have ice the remaining conditions or have secured in advance as if they were to sell things, the Defendant is a “measures to withdraw cash” under the name of a third party to withdraw money acquired through fraud by receiving the instructions of a third party’s electronic financial transaction access media under the direction of a third party.

On December 2, 2016, the Defendant: (a) received a proposal from a person without his name (one name C) to “to withdraw cash and pay the cash in front of the deposit account; (b) received the proposal; and (c) delivered the cash withdrawal to the Defendant by taking over the account necessary for financial transactions and the cash card, password, etc. connected thereto from multiple holders of the said large account; and (d) planned to commit fraud by receiving money from the victims by transfer to an unspecified number of victims by sending it to the victims under the conditions of telephoneing to the unspecified number of victims; and (c) the Defendant, upon receiving the cash card, password, etc. which the victims received in advance from the victims to the large account; and (d) conspired to acquire money from the victims by taking over the account designated by the said C, etc. again with the account designated by the said C.

According to the division of roles as above, the members of the Kakao A et al. who sent money to the victim D with contact with the victim D on January 10, 2017 and informing the E site of the contact with the victim D at a place where the location is unknown on January 10, 2017.

A false statement was made.

However, even if the employees of the above C et al. receive the money from the injured party, they did not have the intent or ability to send the money to the injured party only.

Nevertheless, the above C.

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