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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2019.01.17 2018노3700
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged in this case although the defendant did not have participated in B and C's Bophishing crime. The court below erred in misunderstanding of facts.

B. The lower court’s imprisonment (one year and six months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. 1) The summary of the facts charged in this case is the person who induces the victim to transfer the amount of damage to a financial account by telephone and misrepresentation to the victim as an organization of telephone financial fraud crime. The defendant and B are the persons who seek the account to use the telephone financial fraud crime and deliver the amount of damage to the victim. C, upon receipt of the instructions from B, notified the defendant and B of the amount of damage upon deposit, notified the defendant of the amount of damage and delivered the amount to the defendant. Upon deposit, the defendant conspired with the defendant to commit the crime of false names, B, C, and telephone financial fraud. On February 6, 2018, the above public offering was made to D, which was only or known to him prior to the detention house prior to the receipt of the above public offering, stating that "the account number shall be reduced to KRW 2 million,000,000,000,000 to the account, and the account number shall be found to B, and immediately notified the defendant and B of the account number."

At around 13:57 on February 6, 2018, the person under whose name was omitted refers to the victim G and "B is the H prosecutor of the Gyeonggi Gyeonggi District Prosecutors' Office, which was connected to the case of the identity theft, and therefore confirmed the contents of the case. He/she must confirm whether he/she is the perpetrator or the victim. If he/she transfers money in the account to the Financial Supervisory Service account, he/she shall confirm whether he/she is a criminal proceeds or not and return it to the Financial Supervisory Service." The bank in the name of 15:45 D on the same day from the victim.

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