beta
(영문) 수원지방법원 2019.10.31 2019고단5616

공문서위조등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On November 2, 2018, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act, etc. at the Changwon District Court on August 2, 2018, and the judgment became final and conclusive on the 10th of the same month. On November 13, 2018, the Defendant was sentenced to a suspended sentence of one year for imprisonment with labor for the same crime and is currently under the suspended sentence of two years for the same crime.

【Criminal Facts】

The organization of telecommunications fraud (hereinafter referred to as “scam”) is operated in the form of an organization by organizing various stages of steps, such as a total book, inducement book, management book, and cash delivery book, and the staff belonging to the inducement book assumes the public prosecutor or investigator by making phone calls to many unspecified victims, and by inducing victims to withdraw cash and deliver cash to the cash delivery book by making false remarks, such as “the victim’s personal information is stolen and thus makes it possible to confirm whether or not a crime is a crime”, and the staff belonging to the inducement book assumes that “the victim’s personal information is stolen, and deliver cash to employees of the Financial Services Commission.” The cash delivery book directly leads victims to the crime according to their respective roles, such as withdrawing cash and sending cash to the cash delivery book under the name of the Chairperson of the Financial Services Commission.

On September 3, 2019, the Defendant: (a) obtained a proposal from an accomplice of “Sing” to “Singing” to “Singing” to receive money from a person or to receive money from him/her; (b) received money from him/her without delivering the document; and (c) accepted it; and (d) made use of a document under the name of the Chairman of the Financial Services Commission necessary to be in the form of a cash collection document to the victims of “Singing” by forging the document under the name of the Chairman of the Financial Services Commission; and (c) made use of the document under the said name of the victims to obtain money from the victims as a cash collection document and exercise the right to use the forged official document as above; and (d) served as a cash collection policy for “Singing.”

참조조문