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(영문) 수원지방법원 안산지원 2020.04.03 2019고단4103
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

As an employee of the so-called “Singishing”, a person who was unaware of the name was urged to deliver the so-called physical value of the victims to the Defendant, etc. by making a false statement as if the victims were captured, and the Defendant, etc. conspired in order to commit the crime of singishing, such as delivering the body value to the Defendant, etc. by receiving the money from the victims in accordance with the direction of the person who was unaware of the name.

On August 26, 2019, at around 14:30, the name omittedist stated the false statement to the effect that “I would like to safely return money to his/her husband and wife by misunderstanding his/her guarantee. I would like to do so. I would like to do so. I would like to see that I would like to have his/her husband and wife transported money from the crime of Bophishing, and that I would like to have his/her husband and wife transported money. I would like to have his/her husband and wife transported money in cash at the front of the Seoul Western-gu Seoul Metropolitan Government CD Party around 16:41 on the same day. I would like to induce the victim to deliver money to the defendant, and the defendant received the money of KRW 7 million from the victim according to the direction of the person without his/her name

Accordingly, the defendant was given money by deceiving the victim in collusion with the name of the handicapped.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each investigation report, the application of CCTV photographs to each statute;

1. Grounds for sentencing under Articles 347 (1) and 30 of the Criminal Act, which relate to relevant Articles of the Criminal Act and the choice of punishment;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines (decision of type) [Article 1] The systematic fraud [Article 1] below 100 million won (Special Sentencing]: The mitigation element: simple participation [the scope of recommending area and recommendation range] mitigation area, imprisonment with labor for one to two years and six months;

3. The determination of the sentence of sentence is a person who is a simple participant, since it has a great harmful effect on an organized crime against many unspecified persons, and it is completed through a person who participated in the same subordinate as the defendant.

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