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(영문) 서울중앙지방법원 2018.09.20 2018고단5212
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

One cell phone (Evidence No. 1) from the accused shall be confiscated.

Reasons

Punishment of the crime

The Defendant was proposing to collect and deliver the money from a telephone finance fraud victim from an employee in the name-free telephone financing fraud (one scam phishing) while studying the part-time fee, and accepted it. If a member in the name-free organization belongs to the victim and let the victim remit the money to the name of the head of the passbook, the Defendant was willing to receive the money from the person in the name of the head of the passbook and deliver the money to the person in the name of the head of the passbook.

Accordingly, the non-titled employee is a victim B by telephone from the victim B on July 5, 2018.

It is expected that the existing 15% loan interest rate will be extended at a low interest rate of 10.9%.

E Card may be issued at a low interest rate if it is also issued.

On July 6, 2018, the Defendant received KRW 20 million from the G Treasury H account in the name of F to repay the money to repay the existing loan. On the same day, the Defendant received KRW 12 million from the said F in cash from the person who was in the name of the head of the Tong in the vicinity of the G Treasury J branch in Chungcheongnam-gu Seoul Metropolitan City, Chungcheongnam-gu.

However, in fact, since the above-mentioned telephone financial fraud assistance employee was not a C Company Counseling Institute, even if the defendant or the non-name assistance employee received the money from the injured party, he did not have the intent or ability to make a loan at a low interest rate after exchanging the previous loan of the injured party.

As a result, the Defendant, in collusion with his nameless assistance staff, was informed of KRW 20 million from the victim by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B and F;

1. A protocol of seizure and a list of seizure;

1. Photographs of seized articles and photographs of the place of delivery;

1. Application of transaction details and transaction details under Acts and subordinate statutes;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act are the same as this case.

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