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(영문) 수원지방법원 2017.12.12 2017고단6605
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

In order to commit the crime of deceiving money by misrepresenting the money to an investigation agency by deceiving a large number of unspecified persons, and to attract C to a person who will play the role of receiving cash by misrepresenting the victim's staff, etc. at the scene of the crime, and to protect C, etc. at the scene of the crime and prevent the unexpected situation, etc., and transfer the amount of damage to a financial account designated by a person who will play the role of remitting the money to a financial account designated by a person who is not his/her name, and D, the Defendant (the Defendant and D shall also play the role of monitoring each other as well as the role of monitoring each other) (the Defendant and D).

On April 5, 2016, the name needy person called the victim E to the investigation agency by misrepresenting the victim E, and falsely speaks to the effect that “I will withdraw the money deposited in the account because the new account was connected to the crime and deliver it to the employee of the Financial Supervisory Service, and will return it safely after settling the case.” On April 18, 2016, C shall make the victim withdraw KRW 16 million in cash, and C shall, upon division of the above roles, pay the victim at the point of Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, 37 to the Financial Supervisory Service on April 5, 2016, at the point of Suwon-si, Suwon-si, the victim was sent KRW 16 million in cash from the injured person while driving the victim to the Financial Supervisory Service, and the defendant and D shall observe the head of the crime in accordance with the above roles, and the defendant shall report his name to C's act, and the defendant shall deposit the money to the account designated by the person who received the above KRW 16 million from C.

Accordingly, the Defendant, in collusion with name-free boxes, C, and D, acquired 16 million won from the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect by the prosecution against C or D;

1. Mobile phone analysis data; and

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