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(영문) 서울남부지방법원 2018.06.27 2018고단1487

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[Relation] The telephone financial fraud crime organization consists of an organization such as cash collection measures and cash remittance measures that play the role of collecting money that has been collected by accessing the victim by falsely pretending the investigation agency or financial institution to the victims, inducing them to make false calls, and disguised access to the employees of the Financial Supervisory Service, etc.

In order to commit the phishing fraud, the accused, by misrepresenting the investigator, prosecutor, etc. of the prosecutor's office against the unspecified victims, committed the phishing fraud by misrepresenting the staff of the Financial Supervisory Service to act as a cash collection measure against the victims by misrepresenting them.

[2018 Highest 1487]

1. On March 15, 2018, on the part of the victim B, a person who was unaware of the name of fraud calls to the victim B at an infinite location, and misrepresents the victim B with the investigator and the prosecutor of the Seoul Central District Prosecutor’s Office, and stated, “A person D who works in C at C had opened a passbook in the name of the party under the name of the party, and committed the Internet fraud, and the party’s identity should be confirmed as co-offenders, and it shall be delivered to the employee of the Financial Supervisory Service sent by us.”

However, it was not a prosecutor, and the account in the victim's name was not used for another person's criminal act.

In order to induce the victim to withdraw total of KRW 17,420,000 from the E-bank installment savings account, etc. in the name of the victim, and then attracts the victim in the future of the Guro-gu Seoul Metropolitan Government F building at around 15:30 on the same day, and the defendant misrepresented the staff of the Financial Supervisory Service in front of the above building and obtained cash KRW 17,420,000 from the victim.

[2018 Highest 1857]

2. The name of the person who has failed to receive the attempted fraud shall be March 2018.