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(영문) 부산지방법원서부지원 2020.11.17 2020고정579
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On December 15, 2017, the Defendant was sentenced to a suspended sentence of two years for one year by imprisonment with prison labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) and the said judgment became final and conclusive on December 23, 2017.

【Criminal Facts】

The defendant was known to B and was known to him, and B is a member of C.

C은 성명불상의 보이스 피싱 조직원(위챗 아이디 : D, 일명 E 팀장)으로부터 C 또는 그가 모집한 통장으로 입금된 금액을 인출하여 지정한 계좌로 송금해주거나 성명불상자가 전달한 체크카드를 이용해 현금을 인출하여 지정한 계좌로 송금해주면 송금액의 5%를 지급하겠다는 제의를 받고 이를 수락하였다.

On October 13, 2017, the Defendant met C through the introduction of B at the mutually French coffee shop located in the Nam-gu Incheon Metropolitan City, Nam-gu.

C A. The Defendant offered the proposal that “I will withdraw the amount deposited as a phishing crime at the time of withdrawal,” and the Defendant accepted the proposal.

이에 따라 B은 위챗으로 피고인의 신분증 사진, 통장 사진 등을 C에게 전송하여 주고, C은 이를 성명불상자에게 제공하였다.

On October 16, 2017, when it is not known at around 09:08 on October 16, 2017, the personnel of the financial institution is misrepresented, and the victim F by calls from the victim F to “a request to transfer money first to the account to be known.” The victim was transferred 4.5 million won from the victim to the Saemaul Treasury (G) account in the name of the defendant under the name of the victim for the purpose of implementing the cash loan for the same day.

The Defendant withdrawn and used the above 4.5 million won on the same day.

Accordingly, the defendant conspireds with the person who was not the victim of the name and acquired 4.5 million won from the victim.

Summary of Evidence

1. The defendant's legal statement C, each protocol of interrogation of the prosecutor's suspect B against the prosecutor's office, H, each protocol of interrogation of the police's suspect F to I by account.

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