beta
(영문) 인천지방법원부천지원 2020.10.13 2020고단2501

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

As a criminal organization of Bosphishing, a name-free person was willing to call to unspecified victims in the Republic of Korea to misrepresent himself/herself to financial institutions and to instruct them to commit a crime, and the defendant was willing to act as an employee of a financial institution directly or by exercising a forged document and collect and transfer money to a specific account in accordance with the direction of a name-free person, and the defendant conspired to acquire money by deceiving another person in the order of his/her name-free person by taking advantage of the method of Bosphishing.

On May 21, 2020, the name-freeist stated that “I will get loans at low interest rate” by telephone to the victim B at an unsound place. In other words, at that time, the victim cannot obtain a new loan due to the violation of the Financial Act if I applied for another loan while I received the D Card loan loan loan. To avoid violating the Financial Act, I told that “I shall withdraw the loan loan amount of the D Card in cash and repay it to the employee sent by us.” At that time, the Defendant issued the direction of the name-free winner.

However, in fact, a person who has not been a member of the C Bank or D Card, was not an employee of the C Bank or D Card, was only intending to obtain money from the victim as a repayment of existing loans, and there was no intention or ability to obtain loans from the victim.

On May 21, 2020, a person with poor name shall prepare KRW 1,0120,00 in cash around 14:00 and shall attract the victim to E-si. The defendant shall be employed by the victim as an employee of financial institution according to the direction of the person with poor name, and shall receive KRW 1,012,00 in cash from the victim according to the direction of the person with poor name.

Accordingly, the defendant was given property by deceiving the victim in collusion with the person who was not aware of his name.

Summary of Evidence

1. The defendant's oral statement B.