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(영문) 서울남부지방법원 2019.01.24 2018고단3555
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant, who operates a sanatorium for the elderly in the name of B, is a withdrawal to withdraw funds for the crime of Bosing fraud using his passbook.

On October 24, 2017, the Defendant: (a) received instructions from the Singing Company, from which it is impossible to know the exact name called C; and (b) intended to act as a liability to withdraw the singishing fraud; (c) concluded that the singishing Company’s liability, the name of which is unknown, misrepresentation of the lending counselor, would make loans to an unspecified number of victims by accumulating the lending performance; and (d) then, the said victims, if the said victims wired the amount of damage to a bank account in the name of the Defendant, then the Defendant conspired to withdraw the amount of damage to which the name of the Defendant could not be known and deliver the remittance of the singishing Company’s liability to the employees of the singishing Company whose name cannot be known at the place given the instructions.

1. On October 24, 2017, a false statement was made that the singing total liability, in which the victim’s name cannot be known, sent money to the designated account for lending, by putting a telephone misrepresenting the lending counselor to the victim E at a place where the location cannot be known.

However, in fact, the above Bosing total liability did not have the intent or ability to provide loans to the victim, and as such, as if the defendant conspireds with the victim, only received the money transferred by the victim through the defendant, and only intended personal use.

Accordingly, on October 26, 2017, the victim remitted KRW 9,644,402 to the D Bank Account (Account NumberF) account under the name of the defendant, which is the account designated by the above Bosing Total Book. The defendant received telephone and text messages from the above Bosing Total Book on the bank and the method of withdrawal, etc. to withdraw the amount of damage from the said Bosing Total Book, and then withdrawn KRW 9,60,00 from the H points of the 12th floor D Bank of Songpa-gu Seoul Building around 12:25, 200 on October 26, 2017, according to the order of the above Bosing Total Book.

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