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(영문) 서울중앙지방법원 2016.10.28 2015고단5577
사기방조
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a Chinese student attending the business name college B as a Chinese student.

피고인은 2015. 1.경 큐큐 메신저를 통하여 알게 된 성명불상자(중국인, 일명 ‘C’)로부터 입금액의 2%를 지급받는 조건으로 피고인의 계좌로 입금된 속칭 ’보이스피싱‘ 피해금을 위 성명불상자가 지시하는 대로 인출하거나 재송금해주기로 마음먹었다.

On January 16, 2015, the name-freeist sent Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Mes, and received 400,00 won from January 16, 2015 to January 27, 2015, and received 39,265,100 won in total from 43 times the victim’s Messen’s Messen’s Mes

After the victims receive money from the victims as above, the defendant transferred money from the defendant's house located in the Dongjak-gu Seoul Metropolitan Government F to the account directed by the above holders of the fraudulent money deposited in the account in the name of the defendant, such as the Internet banking through the Internet banking, as shown in the attached list of crimes.

As above, the Defendant aided and aided the crime by deceiving 39,265,100 won in total.

Summary of Evidence

1. Entry of the accused in part of the protocol of examination of the prosecution against the accused;

1. Each police statement concerning D, G, H, and I;

1. Details of transfer, the details of Kakakao dialogue, replies to financial transaction information, and the application of CCTV data-related Acts and subordinate statutes;

1. Article 347 (1) and Article 32 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) and 32 (1) of the Criminal Act;

1. Article 37 of the Criminal Code among concurrent crimes.

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