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(영문) 서울남부지방법원 2017.11.22 2017고단4373
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 through 19 shall be confiscated.

An application of the applicant for compensation.

Reasons

Punishment of the crime

In collusion with a name-free person, the Defendant: (a) made a false statement to the persons in Korea, such as “a person without a name-free will be allowed to borrow a loan at a low interest rate, but he/she intends to repay part of the existing loan,” and (b) notified in advance that the account he/she was the one for repayment of loan; (c) made the victim transfer money; (d) made the Defendant withdraw cash by using a check card connected with the above account and then received the cash amounting to KRW 100,000 per day and incentives.

As such, the Defendant: (a) conspiredd to commit a “singing” crime under the prompt name, which belongs to, and receives and withdraws money from, a person without labor; (b) thereby, (c).

1. On August 21, 2017, the Defendant misrepresented the victim D by phone at a place where it cannot be known at around 10:00, and, in order to grant a loan, the Defendant made a false statement to the victim that “a loan may be granted, and a loan may be remitted to a bank account which is known as one which has to repay part of the existing loan,” and that the victim wired KRW 2 million to the post office account (Account Number: G) in the name of F on the same day, and KRW 90,000 to H’s new bank account (Account Number: I) in the name of H.

Accordingly, the Defendant, in collusion with the person who was not aware of his name, by deceiving the victim as above, received 2.9 million won from the injured party.

2. On August 16, 2017, the Defendant in violation of the Electronic Financial Transactions Act, knowing that it would be used for licensing crimes in collusion with the names in collusion, received and kept a Kakao bank card in the name of K by delivering it at around August 16, 2017, and received the Kao bank card in the same way 15 times in total from around that time until around that time, from around December 2, 2017.

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