beta
(영문) 수원지방법원 2019.05.16 2019고단1213

사기미수방조

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The name-based financial fraud (hereinafter referred to as "scam") organization, which is a general responsibility of the organization, shall organize various stages, such as deceptions, management measures, cash receipt measures, etc., and the members of the investigation agency who are responsible for deceptions will make loans to unspecified victims at a low interest by misrepresenting themselves to the bank employees or investigation agencies by making phone calls for an unspecified number of victims.

A false statement, such as that the account has been used for a crime or that it has been deposited into a designated account by the victims, and the researchers belonging to the management measures have recruited cash receipts and disbursements and notified the victims of the location of the victims and the account to deposit the cash received from the victims.

On February 2, 2019, the Defendant: (a) received a proposal from the first police officer of the Internet site “B” (hereinafter “B”) to the effect that the Defendant would give KRW 1.50,00 won per case when he returns cash to an account designated by receiving cash, which was known of the advertisement of “B” on the Internet site; and (b) accepted it.

Accordingly, at around March 6, 2019, the name non-scamist, the name of the defendant or non-scamist, the defendant or non-scamist was not used for the crime because the victim E's name was stolen, and the defendant or non-scamist was not a prosecutor or an employee of the prosecutor's office. However, the victim called "if the defendant or non-scamist were to withdraw all the money in the account to be used for the crime because the name of the party was stolen, and then send them to the Fan-Scam account as designated by the internal court, he will return the money after confirming whether the money was illegally used," and then the victim should transfer 1,7510,000 won to the I bank account (J) in the name of H designated by the non-scamist on the same day at around 11:58 of the same day, and the defendant, according to the direction of the non-scamist's name, paid 1,700,700,00 won.