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(영문) 의정부지방법원 2019.08.14 2018고단5487
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant conspireds with a member of a telephone financial fraud organization and a member of a fraud organization in order to have an unspecified person deposit money with a designated account under the pretext of a loan, and then had the designated account holder withdraw the deposited money and deliver it to the remittance book. The Defendant conspireds with the person under whose name the money was returned to the designated account holder upon receiving the order of the person under whose name the money was returned from the designated account holder. The Defendant conspireds with the person under whose name the money was returned to the passbook designated by the person under whose name the money was returned.

On March 6, 2018, an employee of the Electronic Financial Fraud Group made a false statement to the victim B stating that “A loan will be made. It will be made by making an additional loan upon deposit of part of the existing loan.”

However, even if the victim received the money from the victim, there is no intention or ability to provide the victim with the loan.

Nevertheless, on March 6, 2018, at around 11:31, 2018, the victim had the victim transfer KRW 15 million to the D Bank account (E) of C, and the defendant tried to receive KRW 15 million from D Bank Account in front of the D Bank Branch in Gangnam-si F on the same day at around 11:50, the defendant received KRW 15,000,000 from D Bank Account in front of the D Bank Branch in Gangnam-si, and then transfer it to the designated person.

Accordingly, the defendant was given property by deceiving the victim in collusion with the person who was not aware of his name.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made by the police and prosecutor of the suspect examination protocol against the accused;

1. Statement of the police statement regarding C;

1. B written statements;

1. A copy of a bankbook;

1. Investigation report (G verification and details of cancellation of crimes);

1. Investigation report (to make payments B telephone conversations - to be presumed victims);

1. Name C of the account holder of the D Bank Report on Investigation C and letters;

1. Investigation report (attaching photographs of bank bags);

1. An investigation report (an investigation related to the account of the H bank account in which the victim transferred the amount of damage);

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