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Reasons
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(영문) 서울중앙지방법원 2016.01.18 2015고단6884
사기
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A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

The Defendant, along with the name and non-persons who are the causes of international telephone finance fraud, conspired to operate a call center in a foreign country and induce them to make a false call to many unspecified domestic victims, or invite them to gather and deliver a passbook, and the Defendant, according to the direction of C, which is an intermediate management measure, solicited the victims to withdraw money remitted to the passbook and transfer money to other accounts designated by the said C, respectively.

Defendant 1, along with the above name weaks and C, sent to the victim D on August 13, 2015 at a non-permanent place, around 16:54, 2015. The fact is without intention or ability to sell the goods normally. The Defendant posted a false statement as if he actually sold the “Memb” container machine to the Plaintiff, and then sent the victim KRW 100,000 to the bank account (F) in the name of the E Bank account in the same day-to-the-day passbook from the same day to the 14th day of the same month. In addition, the Defendant withdrawn KRW 13 as indicated in the list of crimes in the attached method from around that day to the 14th day of the same month, from around 17:04 of the same month to around 17:00,00, the Defendant withdrawn KRW 4,840,000 from the same account to the same account in accordance with C’s instruction, and the Defendant withdrawn the amount from the above account from around 17:15,7.7.86.

Accordingly, the defendant was provided property worth KRW 4,840,00 by deceiving victims in collusion with his nameless victims and C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made to D or G;

1. Each statement of H, I, J, K, L, M, N,O, P, Q, R, and E;

1. Protocols of seizure, list of seizure and photographs of seized articles;

1. The criminal place, the criminal place (in addition of suspects), each Kakao Stockholm conversation, the text message conversation, each notice, and Kakao Stockholm.

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