beta
(영문) 수원지방법원 성남지원 2020.07.22 2020고단1762

사기

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

An employee of the telephone financial fraud (one-time phishing) in the name of a person who assumes the phone without permission from many and unspecified domestic customers in Korea to make a false statement, such as making a victim committed an illegal act in the course of receiving an additional loan by misrepresenting himself/herself, and allowing the victim to prepare cash and deliver it to the cash collection book misrepresenting the employee of the Financial Supervisory Service, etc., and the Defendant, as a cash collection book, conspired to commit an offense according to his/her own role, such as sending cash to the bank or a financial institution’s account ordering the management of the said money by receiving cash delivery, as if he/she were the victim or as an employee of the Financial Supervisory Service or a financial institution.

On February 2, 2020, the name-freeist called the victim C at a non-place on the 18:17th day of 2020, and the fact is that the victim is not an employee of a financial institution, and thus, the victim does not have the intent or ability to either grant the loan or receive the refund of the existing loan, and he assumes a false representation of the D Bank E by misrepresenting the victim to refund up to 3 million won at the interest rate of 6% of the loan already used. The sending of the D Bank E shall be called as follows: (a) installed on the mobile phone, and the application for the loan shall be made by entering the mobile phone; and (b) transmitted the most malicious music display to the mobile phone of the victim, and (c) installed the d Bank E in the mobile phone.

After that day, the name-dissured person was called to the victim again at around 11:46 on the same day, and was misrepresented to the employee of B BankF who had been previously granted a loan, and, when he repaid the loan by means of a substitute loan within one year from the date of receipt of the loan, the principal of the loan must be repaid due to a violation of the Financial Law, and the property of the financial rights and the monthly salary should be repaid without the principal of the loan. In addition, the financial records remain if the loan is repaid by account transfer. It is false to the effect that the employee would refund the principal of the loan to the employee.