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(영문) 광주지방법원 순천지원 2014.07.08 2014고단672
사기
Text

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

Seized articles 2 through 5, 7 through 10, and 13 through 63 shall be confiscated.

Reasons

Punishment of the crime

When remitting credit guarantee money, etc., the Defendant is responsible for withdrawing the fraud group composed of three organizations, such as inducements inducing victims as if he/she were to give a loan, collections ordering victims to withdraw the remittances and collecting the withdrawals, and withdrawals of the remittances.

The defendant has conspiredd to remit the victims with his name-free inducements, receipts and disbursements, withdrawals, and credit guarantee money, etc. as if they would cause the victims to borrow.

1. On September 21, 2012, when the victim was specified, the incentive book was sent to the victim B’s cell phone and confirmed the loan advertisement word, and the loan will become a loan from the Korea Credit Guarantee Fund. The credit guarantee money will be 10% of the loan. The credit guarantee money will be sent by 14:00 per day if it is transferred to the Korean Commercial Investment Securities Account in the name of C with KRW 2 million.”

However, even if the incentive was received from the victim B, there was no intention or ability to provide the loan to the victim B.

Nevertheless, as seen above, the inducement liability: (a) by deceiving the victim B; (b) received from the victim B the transfer of KRW 2 million to the Hanhwa Investment Securities Account in the name of the victim C for the same day; and (c) from that time until October 17, 2012, from that time, the transfer of KRW 90,900,000 via 14 times as described in the crime sight table (i), such as credit guarantee money or advance interest, under the name of the victim; and (d) the Defendant withdrawn KRW 44,840,000 in accordance with the direction of the deposit account.

Accordingly, the defendant was informed of the victims by deceiving the victims in collusion with inducement and receipt measures.

2. If the victim was unspecified, the incentive book is sent from August 28, 2012 to October 17, 2012 to the victim’s name misscepters, and confirmed the fact by sending the letters of loan advertisement to the victim’s name misscepters.

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