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(영문) 서울중앙지방법원 2020.01.15 2019고단7600
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The name impaired person is the total liability of a telecommunications-based financial fraud crime organization that receives money from the victims by falsely expressing that he/she assumes an employee of a financial institution by calling for an unspecified victim, and “an additional loan may be made if an existing loan is repaid,” and the defendant serves as a remittance for the receipt of remittance money from the victims to the account managed by the telecommunications-based financial fraud crime organization upon receiving instructions from the victims.

On September 2019, while the Defendant was committed as a matter of the Defendant’s obligation, the Defendant received the Defendant’s mobile phone from Nonindicted 1, 2019, followed the Defendant’s message to “Kakakao Stockholm” sent to the Defendant’s mobile phone and exchanged with the investigator of the organization of the crime, and one percent of the amount would be paid as an allowance from the officer of the organization of the crime, upon receipt of a proposal to the effect that “I would know it within the bank, and if I would like to receive cash, I would like to pay the said amount as an allowance.”

1. On October 1, 2019, a member in charge of the telecommunications-based financial fraud crime committed by aiding and abetting fraud calls to the victim B and makes a false statement to the effect that “When the existing loan is repaid, it is possible to open a Masp passbook. The payment of the existing loan and stamp tax will be made by remitting the money for repayment of the loan and stamp tax, and the victim remitted KRW 10 million to the E account in the name of D on October 4, 2019.”

However, in fact, there was no intention or ability to get a loan to the victim because the above employee was not an employee of the financial institution.

Meanwhile, the Defendant received orders from an employee of the above criminal organization through the Kakao Stockholm, and received orders from the above criminal organization members on October 4, 2019, from G unions’ Maoo Map, which transferred the above KRW 10 million, from D, to the front day of the Maoo Mamp located in Gyeong-si, Chungcheongnam-si, Chungcheongnam-si.

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