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(영문) 서울남부지방법원 2018.12.13 2018고단4269
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence Nos. 1 and 2 shall be confiscated from the accused.

Reasons

Punishment of the crime

When the Defendant, by using the so-called “Sishing” method, acquired the amount of damage through the crime of telecommunications financing fraud, the Defendant was in charge of the so-called “measures to withdraw the amount of damage deposited into the account under the Defendant’s name according to the direction of “B” and conspired with the Defendant to commit the crime of telecommunications financing fraud along with the name-free winner, etc.

1. On August 14, 2018, an influor of the statement of fraud against the victim C means that the victim C would be able to obtain a loan at a low interest rate by putting the phone to the victim E agency in charge of lending D banks by misrepresenting the victim in a place where the location cannot be known. On August 17, 2018, the victim would be able to obtain a loan by 5.5 million won if the loan was transferred to the F bank A account because the loan examination was completed.

“A false statement was made to the effect that it was “.”

However, the name-free person was not the E agency in charge of lending the D Bank, and even if he was given the money from the victim, he did not have the intent or ability to lend the money at a low interest rate to the victim.

Nevertheless, at around 12:24 of the same day, the person who was unaware of the name was deceiving the victim and caused the victim to withdraw the above amount. At around 12:24 of the same day, the victim transferred 3 million won to the F bank account (G) in the name of the defendant, and 2:5 million won to the same account around 12:25 of the same day, and ordered the defendant to withdraw the amount.

Accordingly, around August 17, 2018, the Defendant sought to withdraw KRW 5,500,000 deposited in the said account from the FF bank cash withdrawal machine near I elementary school, but did not withdraw the amount of damage due to the suspension of transaction with the accident report account.

As a result, the defendant was delivered property by deceiving the victim in collusion with the name of the handicapped and others.

2. On August 17, 2018, in a case where it is difficult to identify the location of light on August 12:30, 2018, the victim J misrepresented the victim's friendship through K Messen, and misrepresented the victim with “the down payment for real estate.”

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