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(영문) 부산지방법원 2016.10.26 2016고단5326
사기
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a Chinese national ship.

1. The total liability of the telephone financial fraud organization under the name and poor connection with the public offering provides a single call center office at an influent place, and demands money for various reasons, such as the insurance premium and credit rating increase necessary for the loan, by falsely assuming the phone calls to many and unspecified domestic customers in Korea, and demands money to a large number of unspecified domestic people for the lending, and then have the victims remit money to their management accounts.

In order to avoid the tracking of investigation agencies, etc., the members including the above-mentioned general measures have separately set up a 'written withdrawal' and a 'written delivery' as to withdrawing the money remitted from the victims and a 'written withdrawal' as to delivering the passbook and cash card to the withdrawal book.

Accordingly, on June 2016, a member of the telephone financial fraud assistance in the name of the defendant suggested that "I would pay the defendant a premium at the time of withdrawal of money," and the defendant agreed to do so, and the defendant was able to agree with the above crime.

As such, the Defendant conspiredd to commit the crime of telephone financial fraud in order with the members of the staff, such as telephone financial fraud total liability, in the name of the Defendant.

2. Criminal facts;

A. On July 7, 2016, in accordance with the above solicitation, the victim D’s false statement that “The victim D calls the victim D to use the phone at an infinite location, and misrepresenting the victim D to the “friendly savings bank” staff, and making it false to read “the credit guarantee amount to pay KRW 50 million at a low interest rate of 17.8%”.

However, in fact, since the above officers were not employees of the lending company, they did not have the intent or ability to provide the loan even if they received the money from the victim.

The aforementioned officers in the name of the member in charge of assistance in the name of the victim are 3.5 million won and a new bank account in the name of G (H) in the name of E, which is managed by the victim with the total liability on the following day from the victim.

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