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(영문) 서울남부지방법원 2019.01.23 2018고단6005

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. The fraudulent financial fraud criminal organization consists of an organization consisting of a total book, an investigative agency or a financial institution, an inducement by misrepresenting victims into an investigative agency or a financial institution, a disguised access to the victim and a disguised access to the victim, such as employees of the Financial Supervisory Service, etc., cash collection measures in charge of collecting money, cash withdrawal and remittance measures that play the role of withdrawing money deposited in the large account and remitting money to the total book.

The name-disscamist conspired to commit the scaming fraud in a successive manner by accepting a proposal from the name-disscamist who assumes the responsibility for the payment of 5% of the deposit amount on deposit to the account designated by the recipient of the scam card by receiving the scam card, collecting the scam card in the name of another, and then withdrawing the amount of damage from the scam card to the account designated by the recipient of the scam and remitting it to the account designated by the name-disscam.

On October 21, 2018, the name-free person misrepresented the victim B by phoneing to the financial company and misrepresenting himself/herself from the victim B at an unsound place, and falsely speaks to the effect that “I would open the Mapop head of the Tong. I would make it possible to open the Mapop head of the Tong with a higher credit rating if the loan is repaid, and therefore I would transfer KRW 3 million to the D bank account in the name of C, and accordingly, I received KRW 3 million from the victim on October 24, 2018.

At around 20:00 on October 23, 2018, the Defendant, under the direction of the above boxes, collected and kept physical check cards (credit card number: H) connected to the bank account under the above C from Kwikset Service Articles at “GPC Bank” located in the F Station in Jung-gu Seoul Metropolitan Government, and then the said victim was the victim at the D Bank Middledong branch located in Jung-gu, Seoul. < Amended by Presidential Decree No. 28158, Oct. 24, 2018>