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(영문) 서울중앙지방법원 2016.02.25 2015고단8062
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

The Defendant, as a member of the telephone financing fraud organization (one-time “Sishing”) organization, was in charge of making phone calls to many and unspecified persons and misrepresenting employees of the Financial Supervisory Service, or transferring money to the victims’ family members as if they were kidnapped. From the beginning of November 2015, the Defendant: (a) from the first day of high school line C’s introduction, it was necessary to obtain a substitute loan from “the first week” as a person who provided a financial account in order to obtain a loan from “the first week”; and (b) the Defendant conspired in order to collect money transferred by an unspecified number of unspecified persons to the account under the name of “the second week”; and (c) to deliver the money to the victims under the name of “the second week”; and (d) from the first day of November 2015, the Defendant conspired in order to have the role of “the next page” under the name of “the second week” in cash collection.

On December 3, 2015, on the 11:30 on December 3, 2015, an employee in charge of telephone financing fraud calls to victims E and “F son F son son son son son son 30 million won, and if he fails to pay it within two months, F is responsible and written a written waiver of his body.

There is no kind of money to be repaid by the Gu, and thus, they are hijackinging children.

In order to send KRW 30 million to the above G, the said G shall be deemed to have been released if the F had been kidnapped, and the situation is as if the F had been kidnapped, the victim shall be forced to transfer KRW 20 million to the new bank account under the name of G on the same day. The Defendant is one capital employee to the above G who provided the account to obtain the loan, and the Defendant shall be deemed to be necessary for the loan for exchange, and the said G shall have the said G withdraw KRW 20 million and received the delivery immediately.

Accordingly, the defendant conspireds with the non-name telephone financial fraud assistance staff in sequential order, and acquired 20 million won from the victim.

Summary of Evidence

1. The defendant's partial statement in court;

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