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(영문) 서울북부지방법원 2019.06.19 2019고단1066

사기미수

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On August 2018, 2018, the Defendant: (a) conspiredd with the staff of telephone financial fraud assistance officers from the first police officer of the same month to the police officer; (b) obtained the information on the account of the large passbook to be used for fraud from D; and (c) delivered the information on the account to C; (d) the Defendant sent the information on the account to the Nonindicted Financial Fraud Organization C; (c) the Defendant received a certain amount of money from the call to an unspecified number of members of the telephone financial fraud organization; and (d) the Defendant instructed B to withdraw the money deposited into the said account and transfer the money to the account designated by C; and (e) the Defendant intended to commit the telephone financial fraud by informing D of the account number again; and (e) the Defendant attempted to commit the crime of fraud by ordering C to transfer the money deposited into the said account.

According to the above public offering, at around 11:00 on August 17, 2018, C assumes the nameless telephone financial fraud organization member to act for the victim E, and calls to make a loan to the victim E, and makes a false statement, “A request for a loan to make a mobile app known to him/her that he/she would be able to grant a substitute loan.” The victim shall be requested to make a loan, and B shall inform the defendant of the information on the I bank account in the name of HD transmitted from HD on August 20, 2018, and the defendant shall deliver the information on the above account to the victim of the telephone financial fraud organization through the nameless telephone financial fraud organization, and C shall have the victim deposit the above account with the victim at around 14:0 on the same day by telephone at around 14:00 on the same day, K's guarantee is required to receive KRW 32 million,000,0000,000,000 from the above bank account under the name of the victim 7:5.

Then, B has D withdraw 5760,000 won deposited in the account of the above J bank and is designated by C.