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(영문) 수원지방법원 2014.09.24 2014고단3800
사기등
Text

Defendants shall be punished by imprisonment for one year.

However, each of the above two years from the date this judgment became final and conclusive is against the Defendants.

Reasons

Punishment of the crime

1. On June 2014, the Defendants: (a) between one person G and another person under his/her name, and (b) between H and another person under his/her name, including H, intended to transfer money to the account by deceiving another person through the so-called singing method; (c) the Defendants promised to collect money remitted according to H’s instructions; and (d) G intended to play a role in re-transfering the remitted money to another account.

Accordingly, on July 3, 2014, the name-freeist in China transferred 10,820,000 won to the national bank account in the name of J, from the victim to July 7, 2014, by calls from the victim I to the effect that “the remittance of the money to arranging the passage of business trip and conditions” was made. Accordingly, the victim was transferred 10,820,000 won in total from the victims over 13 times, as shown in the attached list 1 of the crimes committed from July 7, 2014.

In this way, the Defendants conspired with the victims with the false names of H and others, and acquired money from each victim.

2. The Defendants received the means of electronic financial transactions, following the above public offering, around July 1, 2014, in the vicinity of Suwon-si, the Defendant received, through Kwikset Service, one cash card from a national bank account in the name of J from an unskwikset Service, and received eight cash cards from the account opened in the name of J, etc. from July 7, 2014, as shown in attached Table 2 of the List of Offenses Act from July 2014.

In this way, the Defendants each acquired the means of electronic financial transactions in collusion with the names of the H and others.

Summary of Evidence

1. Defendants’ respective legal statements

1. The prosecutor's statement to K;

1. Each police statement made to L/I;

1. Written statements;

1. The police seizure record and the list of seizure;

1. Each police investigation report (the sequence 8, 9, 14, 24 of the evidence list);

1. Application of Acts and subordinate statutes on transactions in accounts;

1. Defendants of the pertinent legal provision regarding criminal facts: Articles 347(1) and 30(Fraud) of the Criminal Act, and Article 49(4)1 of the Electronic Financial Transactions Act.

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