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(영문) 수원지방법원 안양지원 2019.05.17 2018고단2045
사기
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On July 5, 2018, the Defendant: (a) received a proposal from a person without a personal name to a designated account, stating that “When remitting cash to a designated account, the Defendant would give KRW 10 to 150,000 per day”; (b) made a false statement to the victims that “The person with a personal name is to repay existing loans and convert the amount into loans at low interest rates”; (c) B, C, and D, a so-called cash withdrawal book, as above, wired the amount to the victims, and (d) conspired with the Defendant to commit the so-called Bophishing fraud by means of remitting cash withdrawal from several regions and cash withdrawal books to the account that the person with a personal name is notified.”

On July 10, 2018, the name-free person called the victim E by telephone at an unsound place and falsely assumes the staff of the financial institution to borrow loans from the Government if he/she enhances the credit point. The name-free person falsely speaked that he/she is a small and medium enterprise account (F) in the name of B to transfer KRW 5 million to the account of the small and medium enterprise in the name of B, and that B, a cash withdrawal account, withdrawn.

On July 16, 2018, the Defendant acquired the total of KRW 47 million from the victim up to July 23, 2018, in total three times, from July 2018, by deceiving KRW 5 million from B to the account designated by the winners of the name in use of other person’s personal information, from around a company bank near the Changwon-si’s window 420,000 won and remitting KRW 1 million to the account designated by the winners of the name in use of other person’s personal information.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Copies of each police interrogation protocol against B, C, and D;

1. A copy of the police statement concerning G;

1. A copy of each statement of E and H;

1. Records of seizure and the list of seizure;

1. Copy of passbook B; and

1. Application of A photographic Acts and subordinate statutes taken at the scene of crime;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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