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(영문) 의정부지방법원 2017.12.19 2017고단4173
사기
Text

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

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

Reasons

Punishment of the crime

Upon receiving the direction of “C”, which is the cause of telephone financing fraud organization in the Philippines, the Defendant exchanged the money from a transshipment station in the Philippines to a Peassibly, and gathered it to C in a dry cycle, and then, on November 2016, the Defendant received instructions from “A” to “D,” which is in the Republic of Korea, after having exchanged the money to a Peassibly.”

around October 31, 2016, C and an employee in charge of telephone financing fraud in the name of C should misrepresent himself/herself to investigation agency for victims E, and make phone calls to confirm whether he/she is an accomplice because the name was stolen, and the account was used for a crime.

A false statement was made on the basis that the State Security Surveillance Account is to be known, “The amount of money in this context was deposited”, and the amount was KRW 17.6 million from the victim’s account in F’s name on November 1, 2016 and KRW 3.15 million from the post office account in H’s name on November 2, 2016, and KRW 15 million from the new bank account in J’s name on November 4, 2016.

Upon receipt of the above C’s order and around November 4, 2016, the Defendant issued C’s order to “D” located in the Philippines, and “D” to which employee J (“C”) provided that “I would like to know the account number as to receive KRW 15 million from private villages or E in terms of living expenses, and then exchanged KRW 15 million deposited into the said new bank account in the J’s name, and then deliver it to C.

Accordingly, the Defendant conspiredd with C, etc. to deceiving the victim and received property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police to F or J;

1. Copy of a protocol concerning the examination of suspect with respect to L;

1. Statement made by the police for E;

1. Details of deposit transactions, receipts, inquiries about details of transactions, specifications of transactions, passport photographs, details of bank account transactions in the name of J, details of account transactions in post offices in H, such as F bank account transactions in the name of H, copies of receipts, CCTV photographs, and E resident registration certificates.

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