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(영문) 인천지방법원 2018.11.08 2018고단4835
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

A person who is not his name is a person who is a constituent of a single call center that demands money from many unspecified persons by misrepresenting himself/herself to investigative agencies such as prosecutor's office investigators, etc. in a place where it is impossible to identify the place.

Defendant

A, upon receiving instructions from the above person in the name of the victim in the mobile phone B, displayed false documents in the name of the Financial Supervisory Service, and played the role of collecting and remitting the amount of damage from the victim as he/she is an employee of the Financial Supervisory Service.

On November 30, 2017, the defendant in collusion with his name in order to make a phone call to the victim C on November 30, 2017, and "The Seoul Central District Prosecutors' Office Diplomatic Inspection, the passbook in the name of the party is used for the crime, and the funds in the account should be transferred to the defendant, and if the defendant does not comply with it, the defendant will be bound.

All the tests to be sent to the Financial Supervisory Service employees shall be delivered, and they shall be returned after confirmation.

“False speech was made to the effect that it was “.”

On November 30, 2017, around 12:50 on November 30, 2017, the injured party, and the Defendant, as if they were employees of the Financial Supervisory Service, sent documents under the name of the injured party to the victim, and received money from the injured party, and acquired money from the injured party by deceptioning eight million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (Analysis of details of storage of suspected mobile phones);

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act [the scope of recommendations] systematic frauds in Article 48 (1) 1 of the Act on the Punishment of Confiscation (the scope of recommendations] and Article 48 (1) 1 of the Act on the Punishment of Specific Crimes (one year to two years) [the person subject to special mitigation] simple participation [the decision of sentence] did not have any criminal conviction for the defendant, and deposit one million won for the victim, but there are two times the records of disposition.

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