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(영문) 부산지방법원 2020.09.10 2020고단2098
사기등
Text

A defendant shall be punished by imprisonment for two years.

An application for remedy by an applicant for remedy shall be dismissed.

Reasons

Punishment of the crime

On April 20, 2020, the Defendant: (a) received a proposal from an employee in charge of the crime of telephone financial fraud (i.e., "C chief"; (b) and an employee in charge of the crime of telephone financial fraud (i.e., "person in charge of the scaming operation"; hereinafter "employee in charge of the scaming operation") and (iii) received money directly from an employee in charge of the scaming operation from the scam operation and then remitted money to an account designated within the next time; (b) received the money from an employee in charge of the scaming operation; and (d) accepted the crime by knowing that the scaming personnel in charge of the scaming operation misrepresented the employees of financial institutions

1. Fraud;

A. According to the terms and conditions of the victim D’s fraud, at a place where it is impossible to know the place around April 8, 2020, the Defendant made a false statement to the victim D as if he were an employee of the E bank by calling a telephone, and as if he was an employee of the E bank, “the receipt of a loan from another financial institution is in violation of relevant Acts and subordinate statutes. A new loan is possible upon repayment of the existing loan. It is possible for us to make a new loan, and the existing loan will be repaid in cash to the employee sent by us.”

Around 18:00 on April 8, 2020, the Defendant committed as if he was an employee of the E Bank, and received cash of KRW 14.5 million from 18:06 to 18:46 on the same day, the Defendant transferred the deposit amount of KRW 13.95 million out of the total amount of KRW 14.5 million to the I Association account (Account Number J) in the name of H Co., Ltd. designated by the Organization of the EF from 18:06 to 14:56 on the same day.

As a result, the Defendant was provided property by deceiving the victim in collusion with the Defendant’s name-free singing staff.

B. According to the terms and conditions of the fraud against the victim L, the employee under the name light shall be the victim L at a place where the location on April 7, 2020 cannot be known.

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