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수원지방법원 안산지원 2019.10.11 2019고단2139

사기

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 1 shall be forfeited from the accused.

The defendant.

Reasons

Punishment of the crime

The defendant is a short-term foreigner of Chinese nationality.

On January 2019, the Defendant received a proposal from a person who was unable to know his name as a patrolman, and accepted the proposal that “I would pay KRW 500,000 won for the Chinese money as a fee if I would like to receive money from a person who is unable to find a money exchange shop in Korea.” The Defendant did not confirm how I would pay KRW 1 million for each simple money exchange day.

On January 5, 2019, the Defendant moved from Seoul to Ansan for money exchange without any special usage.

On January 5, 2019, the Defendant sent a false message to the “E” operated by the victim B located in the Dong-gu, Ansan-si, a Dong-gu, a Dong-gu, and “B is a logistics person. If F bank accounts are known to the F Bank account, the friendly Gu in China would have deposited the F Bank account in 100,000,000 in the face of the money, which would be a physical distribution in the name of the money.” On January 5, 2019, the nameless person in China operated the mobile phone text message to the F Bank account of the victim, and then sent a false message as if it was deposited in the F Bank account of the victim.

The victim, in other words, gave the defendant the only 1,6250,000 won.

As a result, the Defendant conspired with a Chinese person who is unable to know the above name, and received KRW 16,250,00 from the victim by deceiving the victim as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each police suspect interrogation protocol against the accused (including the B substitute part);

1. The police statement concerning B;

1. B written statements;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Articles 25(1) and 31(1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;