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(영문) 대구지방법원 2014.01.17 2013고단5284
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Criminal facts

Defendant

A and Defendant B will provide loans to many and unspecified persons, such as F, Non-Name-In-Name-In-Name-In-Name-In-Name-In-Name, and head of Tong recruitment.

After receiving the means of access, such as passbooks and cash cards, by misrepresenting government agencies or financial institutions, and recognizing financial information from many unspecified victims, and making use of such information to the victim’s account, and making a public invitation to make a prompt withdrawal of the deposit from the victim’s account, Defendant B would play the role of withdrawing cash from financial institutions, and Defendant A would play the role of delivering the withdrawn cash to F.

Defendant

B and Defendant A conspiredd as above with F and his name-free persons, and accordingly, the name-free persons called as police at around 1:00 on August 29, 2013 at the location of the victim H around 11:0 and 1211 of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, as if they were the residents of police at the location of the victim H, and “personal information was exposed due to delayed payment of telephone rates.” However, since the head of the Tong should protect the 60 million won in a passbook, he applied for telebank as one bank branch, and the security card number should be notified to the victim, and then the victim's financial information such as the victim’s account number, security card number, password, etc. was known, and transferred 30,000,000 won in the account of the victim to the account in the name of I, J, K, L, and M.

From August 29, 2013 to August 30, 2013, the Defendants conspired with the person in secret name and transferred KRW 63,800,000 from their accounts to the financial information that was discovered by deceiving three victims over three times in total, such as the list of crimes, in collusion with the said method.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. Each prosecutor's interrogation protocol against the Defendants

1. H, N, and E.

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