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(영문) 서울북부지방법원 2016.04.27 2016고단181
사기
Text

A defendant shall be punished by imprisonment for one year.

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 is a family owner, and the Defendant is a one-time telephone financial company B (hereinafter “persons without a name”) and a one-time telephone financial company B (hereinafter “persons without a name”) and the Defendant’s passbook to withdraw and deliver the money when the amount of damage caused by telephone financial fraud is deposited by using the Defendant’s passbook, and as a result, the Defendant is liable to withdraw the telephone financial company’s withdrawal to receive 10% in return.

On August 24, 2015, at around 15:00, I call to D, who puts a letter on the Internet to sell a car (C), and show that I would like to move to that. I would like to send money in the face of Mao in the face of Mao in the mar because of urgency. Dongs would report the difference and send money to the Mao.

“A car of 17:00 on the same day by phone to the victim E who puts a letter on the Internet in order to purchase a car of 17:00 on the same day and sells the car of 26.5 million won by phone to 2,65 million won.

가격은 흥정을 해 놨으니 마음에 들면 A 명의의 농협은행 계좌 F으로 돈을 송금하고 가져가라.” 고 거짓말을 하였고, 이에 속은 피해자는 위 D를 찾아가 아 우 디 승용차를 본 후 2015. 8. 25. 13:55 경 위 아우 디 승용차 매입대금 명목으로 피고인 명의의 농협은행 계좌에 2,650만원을 송금하였다.

On August 25, 2015, the Defendant withdraws 23,90,000 won in cash, excluding 10% (2.6 million won) from a person in unsound name to the near NongHyup Bank, and has it in the name of 4,000,000 won in the middle of No. 4,000.

“On receipt of instructions from telephone,” around 14:23 of the same day withdrawn KRW 23.9 million, which was deposited at the Defendant’s agricultural bank account at the branch of the Nonghyup Bank located in Gangnam-gu, Seoul, the Dobong-ro 373 of the same day.

Accordingly, the defendant was given property by deceiving the victim in collusion with the person with no name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and D;

1. Application of Acts and subordinate statutes on the details of transactions in the entry and withdrawal, copies of bankbooks, and those of Handphone calls;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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