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(영문) 광주지방법원 순천지원 2019.01.24 2018고단2706
사기미수등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around November 21, 2018, the Defendant attempted to receive a proposal for the transfer of singishing fraud from a person who was unable to know his/her name through a “B” hosting app (hereinafter “B”), and in return, he/she would receive additional allowances, such as KRW 100,000 per day and expenses, etc., and, according to his/her instructions, remitted the amount of fraudulent damage transferred to another person’s account under his/her name to the account designated by the person whose name was unknown.” The Defendant intended to play a role as “the remittance of the Organization”.

On November 29, 2018, a person whose name is not known refers to D’s telephone to provide a loan of KRW 50 million at a low interest rate in order to secure an account under the name of another person to receive a remittance of the amount of fraud damage, and that “a loan shall be possible to increase the transaction performance. It shall be possible to extend the transaction performance,” and said D’s E-Account Number (F) is identified from D, and that “A deposit of KRW 30,300,000 shall be delivered to D by withdrawing the money to the employee.”

On November 30, 2018, a person whose name cannot be known refers to the victim G by telephone, and thus, it is possible to lend at a low interest rate a loan out of the Government-funded funds. If repayment of KRW 30,300,000 is made, E’s existing loans will be made at low interest rate of KRW 150,000,000 at E (F). It is false that the victim would be deposited at E (F) and then, the victim wired KRW 30,30,000 in cash to E account in the above name on the same day at around 11:25 on the same day.

At around 15:40 on the same day, the Defendant continued to receive from a person who was unable to know the above name, “D received cash of KRW 10 million from D in front of the J gas station in Y I in Ycheon-si, and intended to receive KRW 10 million in cash from D, but D did not receive any money in suspicion of committing a crime.”

By doing so, the defendant in collusion with a person who cannot know his name, goods from the victim.

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