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(영문) 서울중앙지방법원 2018.10.05 2018고단4904
사기
Text

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

Seized evidence No. 4 shall be forfeited from the defendant.

Reasons

Punishment of the crime

The telephone finance fraud organization operates a call center in China, and operates the call center in the form of an occupation organization in preparation for arrest. The organization is operating a call center in the form of an occupation organization, such as: (a) the “total liability” planned to commit the crime by means of money transfer, etc. by misrepresenting a financial institution or an investigation agency, etc. with a person who receives a telephone call via an Internet telephone, etc.; (b) the “book for solicitation of passbooks” to withdraw the amount of damage acquired through deception or receiving a check card, etc.; (c) the “book for withdrawal” to directly withdraw the cash transferred by the victims; and (d) the “book for remittance” to receive and transfer the amount of damage from telephone finance fraud

An employee of the telephone finance fraud crime organization, including a person without name, will give a loan at a low interest rate to the other party who receives a telephone by dysing off the phone at random. In this context, it is false to have the other party transfer money to a certain account under the pretext of repayment of existing loans, and it is assumed that the other party plays the role of transferring money to another account by receiving a certain amount of money from the withdrawal book according to the direction of the person with no name, and the defendant has recruited to block the fraud of the telephone finance in order to block the transfer of money in return for remitting money to another account.

On July 17, 2018, the name infinites infinites of the telephone finance fraud crime organization called the victim B by telephone and misrepresenting the victim B with "6 million won to repay the existing loan up to 81 million won at the interest rate of 4.8%".

However, the above-mentioned person did not have the intention or ability to execute the loan to the victim as an organization belonging to the telephone financial fraud crime organization.

On July 17, 2018, the above nameless person deceivings the victim as above, and caused the victim to do so, to the EF bank account under the name of E which is managed by the aforementioned telephone financial fraud crime organization.

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