(영문) 대전지방법원 2019.05.16 2019고단1071

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(영문) 대전지방법원 2019.05.16 2019고단1071

사기

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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 16, 2018, the Defendant was sentenced to imprisonment with prison labor and two years and six months for fraud at the Daejeon District Court on July 10, 2018, and the judgment became final and conclusive on July 10, 2018.

The name omitted and the defendant knew the defendant about the victim's personal information through the "B" Messenger, and the defendant knew the victim to commit the phishing crime by delivering the money received from the victim to another person with no name while receiving money from the victim with the documents from the Financial Supervisory Service.

On November 9, 2017, at the time of 12:27, 2017, the person under whose name the victim was named as the Seoul Central District Prosecutors' Diplomatic Inspection, saying, “each passbook connected to the bank account in the name of the victim and the F Bank account was deposited in KRW 81,00,000 of the illegal sports soil capital. Since it is necessary to check whether the money recorded in another financial institution account in the name of the victim was illegal, all of the money should be withdrawn, and the said money will be entrusted to the employee of the Financial Supervisory Service dispatched to the public prosecutor’s office, and shall be returned upon completion of the investigation.”

However, the person who is not a prosecutor but the defendant is not an employee of the Financial Supervisory Service, and the defendant is not an employee of the Public Prosecutor's Office or the Financial Supervisory Service's business, and thus there was no intention or ability to keep the defendant and the person who is absent from the name of the defendant receive money from the victim.

At around 21:09 on November 10, 2017, the Defendant received KRW 900,000 from the victim under the name of the deposit money on the road front of the exit of 327 new-ro 1 line 2, Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. On the same day, the Defendant delivered the money received from the victim to another person under the name of the non-indicted.

Accordingly, the defendant, in collusion with the person who was not the party to the name, acquired the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police in relation to C.

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