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(영문) 서울서부지방법원 2014.05.14 2014고단338
사기등
Text

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

Seized evidence 1 to 7 shall be forfeited from the defendant.

Reasons

Punishment of the crime

1. Fraud means a false statement to the effect that the Defendant assumes false phone calls to many and unspecified domestic unspecified persons in the Republic of Korea, such as “the opening of a public prosecutor’s office, loan company, etc., and shall make deposits with credit rating increase, stamp tax, guarantee insurance premium, etc.,” and that “the Defendant shall deposit the funds to an unspecified bank account in order to obtain a loan.” The Defendant is a one-time withdrawal of the so-called telephone financial fraud (tentatively referred to as “scaming”) organization, through which the victims receive money by means of transfer of money to a c

On January 5, 2014, the Defendant received 1.5% of the daily withdrawal amount from the head of AAA, who received an instruction from a person who was unable to receive his/her name, who is a general book, and checked as to whether the account for the account for the account transfer is usable. The Defendant recruited the money from account transfer through cash withdrawal method in order with the above officers to take charge of account transfer or withdrawal.

The Defendant conspireds with the conciliation staff in the order above, and around the beginning of January 2014, the Defendant made a false statement to the victim AB, stating that “The fact is the head of the On-site Savings Bank AC team, who is the head of the on-site Savings Bank AC team, and would make a loan up to KRW 20 million when sending stamp fees, certified judicial scrivener fees, etc.,” and the Defendant withdrawn the money deposited by the victim in the on-site account and deposited it in the Defendant’s name bank account (Account Number: AD).

As such, the Defendant, in collusion with A and Franchising employees, by deceiving the victim, and then deceivings KRW 400,00 from the victim to the AE account, and acquired KRW 15,122,00 through 10 times from December 30, 2013 to January 8, 2014, as indicated in the attached Table of Crimes (1).

2. Violation of the Electronic Financial Transactions Act;

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