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(영문) 창원지방법원 2019.01.09 2018고단2793
사기
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

However, as to Defendant B, this shall not apply.

Reasons

Criminal facts

Defendant

On February 17, 2016, A was sentenced to six months of imprisonment for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Seosan Branch of the Daejeon District Court on February 17, 2016 and completed the execution of the sentence in the Daejeon Prison on March 13, 2016.

Defendant

A, around April 24, 2018, after hearing the phrase “a request to send a physical card to provide loans by piling up transaction performance” from a person with no personal name, and delivering a physical card connected to the CF’s account under one’s own name to a person with no personal name. However, it was known that his account was used as a means of committing the Bosing crime, not as a loan, and that he was used as a means of committing the Bosing crime.

Accordingly, the Defendants conspired to take part in the cash collection measures in the crime of Bosing, and then received the amount of damage from the nonscopic employees as instructed by the employees of Boscoping operations, and did not deposit the amount into the account known by the members of the rescoping organization of the rescoping operations, or informed the employees of the information of the accounts used by the Defendants to the scoping operations, and then received the amount of damage from the scoping operations.

1. The Defendants’ co-principal

A. A. On July 6, 2018, at around July 5, 2018, an employee under the name of the criminal act was made by misrepresenting himself/herself to telephone from the victim G by misrepresenting himself/herself to obtain loans from the victim G at a low interest rate of 10.9% of the existing 15% interest rate. The employee in charge of reporting the name of the criminal act was transferred from the victim around July 6, 2018, and then received KRW 20 million from the victim’s bank account (number I) at H around 11:41, 2018 for repayment of the existing loan.

On the other hand, in the early July 2018, the said Bosing staff may make a loan by calling to H, the nominal owner of the said CF account, by misrepresenting the employees of the financial institution, in a way of increasing the transaction performance.

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