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(영문) 서울남부지방법원 2019.06.13 2019고단1164
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, by misrepresenting the public prosecutor, investigator, employee of the Financial Supervisory Service, etc., conspired with those who are not the name of the telephone financial fraud group (sophishing fraud group) that defrauds money to many and unspecified persons by deceiving the money, but the false statement to the victim, such as “it is necessary to withdraw and confirm the deposit because the passbook has been used for the crime,” etc., by deceiving the victim, and the Defendant conspired in sequence with the false statement to induce the victim to withdraw cash. The Defendant, by misrepresenting the employee of the Financial Supervisory Service, received the cash withdrawn from the bank, and thereby, conspired with the false statement to play the role of a single statement of money remittance to the account requested by the victims of the above Bophish organization.

On March 29, 2018, the name-freeist in accordance with the above public offering made phone call to the victim B at an irregular place and as if the public prosecutor of the Seoul Central District Public Prosecutor's Office was the public prosecutor of the Seoul Central Public Prosecutor's Office, "the victim is 25 persons by stealing the personal account under the name of the party, the amount of damage is 120 million won, and the amount of damage is 120 million won in order to verify whether the party is the victim, and the money in the passbook shall be collected from the party to the account, the full withdrawal of the money in the passbook shall be delivered to the Financial Supervisory Commission with 50,000 won right, and the return of money after the examination shall be completed." On the same day, the defendant presented to the victim a false document prepared as if the victim was an employee of the Financial Supervisory Service, and received 6790,000 won from the victim's signature from the Financial Services Commission.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial entry of the suspect interrogation protocol of the defendant by the prosecution;

1. The police statement concerning B;

1. The investigation report (the suspect A's cell phone fluor "D" and "E" dialogue contents), and the suspect.

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