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(영문) 부산지방법원 2014.05.15 2014고단1136
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant conspiredd to obtain money from victims through the so-called “scam” against telephone financial fraud assistance officers including C and many unspecified persons.

The aforementioned telephone financial fraud assistance officers sent text messages to the victims using the call center, and let them transfer prepaid money to the head of the Tong under the pretext that they would be able to get the victims who see the text messages, and the Defendant returned to the bank of Gangseo-gu Seoul Metropolitan Government, Ansan-si, and the Gangseo-gu, Seoul, to take charge of withdrawing the money remitted by the victims to the head of the passbook.

On December 6, 2012, the Defendant: (a) withdrawn and delivered KRW 2,501,00,000, which was remitted by the victim D to the telephone financial fraud assistance staff, including the above C, for the purpose of “conditional South” to the victims of telephone financial fraud assistance staff; and (b) from that time to December 8, 2012, the Defendant received the total sum of KRW 15,241,000 over 22 times, as shown in the list of crimes in the attached Table, from that time.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement of E;

1. An investigation report (Attachment to ctv photographs);

1. Application of Acts and subordinate statutes to copies of bankbook transactions;

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case in the reason of sentencing under Article 62(1) of the Criminal Act is sentenced to a suspended sentence of imprisonment with prison labor, considering the following: (a) the crime of this case is committed in a systematic and planned manner; (b) the crime of this case is committed by deceiving a large number of victims in a decent state; and (c) the crime is committed by taking into account the reason for the unfavorable sentencing; and (d) the scope of participation is relatively small compared to the accomplices; and (e) the confession and reflects against the crime of this case.

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