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(영문) 서울중앙지방법원 2015.08.26 2015고단3343
사기등
Text

The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant: (a) falsely speaks that the names and inferers of the “singing” and “singinging” frauds misrepresenting the staff of the Prosecutor’s Office and calls to many unspecified victims in Korea; and (b) confirmed whether the passbook in the name of the victims was used in the crime; and (c) made the victims transfer money to their own designated accounts; or (d) made the victims enter the account-related information by sending a malicious program file linked to their personal computer to their own account; and (e) then transfer money in their accounts to their designated accounts using such information, the Defendant was willing to facilitate the fraud of the under-paid victims by withdrawing the money transferred from the account in the name of the victims to the account in the name of the Defendant from the account in the above manner to the account in the name of the victims and delivering it to the under-paid victims.

On May 28, 2015, in a place where the victim F is unknown at around 09:12 on May 28, 2015, the false statement stating that "when arresting the male under 42 years of age residing in Gwangju, it is necessary to confirm whether two passbooks in the name of the party are discovered and the new one is opened and transferred to the bank, the entire remittance of money in the passbook is possible." Thus, the defendant received 35 million won from the victim to the corporate bank account in the name of the defendant, and the defendant tried to withdraw the money and deliver it to the non-indicted to the defendant, but failed to withdraw the money from the corporate bank paper around 1:50 on May 28, 2015.

Accordingly, the Defendant aided and abetted the morale of those who received no name, by facilitating the crime of those who received no name, as above.

(b) with respect to 1 victim G by means of computers, etc.

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