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(영문) 서울서부지방법원 2017.12.20 2017고단3175

사기미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 or 2 shall be confiscated from the accused.

Reasons

Punishment of the crime

As an employee of the so-called “Singishing”, a person under whose name the victim was urged to withdraw money from a victim who calls to an unspecified number of victims and misrepresents him to deliver it to D, etc. by misrepresenting the inspection. D, etc. misrepresenting the staff of the Financial Supervisory Service, receiving cash from the victims, and delivering it to the Defendant, etc. The Defendant, etc. conspired in sequence to transfer it to the sing organization.

On October 16, 2017, the person in whose name the person in whose name the statement was made assumes the staff of the Financial Supervisory Service by telephone to the victim E by concealing the fact that the person in whose name the statement was made was about to take money through the crime of Bosphishing, and "the financial account in the name of the party was involved in the crime."

When the Financial Supervisory Service lowers the credit rating of the party in order to obtain a loan from the Financial Supervisory Service, it concluded that the applicant for a harsh loan applied for and approval of the loan would be illegal money, and that the applicant would withdraw the loan as illegal money and deliver the loan to the employee of the Financial Supervisory Service, and that the applicant would induce the victim to withdraw the loan amounting to KRW 30 million from the street in front of the Southern-gu Seoul Special Metropolitan City Southern-ro 1969 East-gu branch office in Seoul Special Metropolitan City and deliver the loan to theD on the following day. D was arrested to the police officer who was unclaimed but attempted to misrepresent the employee of the Financial Supervisory Service in accordance with the direction of the person who was killed

Accordingly, the defendant, in collusion with name-free boxes, D, etc., attempted to receive KRW 30 million from the injured party by deceiving the injured party, but did not bring about such intent but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D or E;

1. Investigation report (victim E telephone conversations);

1. Police seizure records and list of seizure;

1. 각 위 쳇 대화내용, 금융감독원 위조 서류 사본, 인출 내역서 법령의 적용

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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