beta
(영문) 서울북부지방법원 2018.10.19 2018고단2301

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On May 23, 2018, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for fraud at the Incheon District Court, and the judgment became final and conclusive on May 31, 2018.

[ 범죄사실] 전자금융 사기 범죄조직은 총책, 불상의 피해자들에게 금융기관 ㆍ 수사기관 등을 사칭하며 무작위로 전화를 하는 기망 책, 편취 금액을 총책 등 조직원들에게 송금하는 송금 책, 피해자들에게 편취금액을 건네받아 송금 책에게 전달하는 전달 책, 전화금융 사기에 사용할 통장을 모집하는 대포 통장 모집 책 등으로 구성되고 수사기관의 추적을 피할 수 있는 스마트 폰 메신저 위 챗 또는 텔 레 그램 등을 사용하여 연락하는 등 점조직 형태로 구성된 범죄조직이다.

As above, the members of the telephone finance fraud group shared their roles according to the direction of the general responsibility responsible for organic liaison between the internal point organizations, and the general responsibility, etc. was intended to call a large number of unspecified victims with the mobile phone numbers of other people who are difficult to track and misrepresent themselves to investigation agencies, and to prove the victim's confession. The Defendant, upon receiving the order from the said general responsibility, conspired with the aforementioned members in a way that he/she would deposit the said money to the account instructed by the said general responsibility or deliver it to the account with the said employees by receiving the said money from the damaged person on January 29, 2018, or receive 5% of the damaged money in cash.

In spite of the fact that he is not an investigation agency, he misrepresented that he is not an employee of electronic financial fraud assistance in the above name, and calls from the victim B at a closed place on February 2, 2018 to the victim B, and "the central prosecutor was involved in a crime by stealing the name of the party's account, so he/she was informed on the Internet website that he/she was involved in the crime by stealing the name of the party's account, and both cash are released to the employee of the Financial Supervisory Service to confirm whether he/she is