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(영문) 서울동부지방법원 2016.11.16 2016고단3311

절도미수등

Text

A defendant shall be punished by imprisonment for one year.

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

When a foreigner of Malaysia nationality, and a person without a name, who assumes a false call from the Financial Supervisory Service and leads an unspecified number of people to withdraw financial assets by misappropriation, and thereby inducing the victim to keep cash in his/her residence, the defendant deceivings the victim and keeps cash in his/her residence, the defendant would enter the victim's residence, and deliver the cash to the "scaming" staff under the name of the victim, and the defendant conspired to acquire 10% interest among the above cash.

Accordingly, on September 26, 2016, an employee of the “scaming” under the name in the name named “scamscam” assumes that he is an employee of the Financial Supervisory Service by phone call to the victim D (n, 76 years old), who was in the Seoul Songpa-gu C apartment 307 Dong 1104 residential area, and used the victim’s name to stolenly use the victim’s name, thereby inducing all financial assets, including KRW 30 million deposited in a national bank, etc. owned by the victim, to be released from the national bank, etc. owned by the victim so that he/she can be left the house, and after visiting another bank, whether the victim’s financial assets have not been withdrawn, the Defendant led the victim to get out of the house, and thereafter, the Defendant attempted the victim to take out the house with the above KRW 30 million stored in the victim’s residential area.

1. Around 12:00 on September 26, 2016, the Defendant entered the residence of the victim of Songpa-gu Seoul Metropolitan Government C apartment 307 Dong 1104, and entered the entrance door and opened the door and intrudes on the victim’s residence.

2. The Defendant who attempted to larceny had intruded upon the victim’s residence as described in the foregoing paragraph (1), and the victim withdrawn the said account from the said account and was under custody in the said residence.