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(영문) 서울중앙지방법원 2019.07.24 2019고단3424
사기
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

The Defendant, “2019No3424,” is a member of the call center of the telephone financial fraud organization (tentatively referred to as “scaming”), who assumes the role of obtaining money from an unspecified number of unspecified persons under the pretext of the cost of issuing guarantee insurance certificates, fees, etc. by misrepresenting a loan to the counselors and team teams belonging to the domestic financial institutions, such as B bank, and the lending companies by posting a telephone to a large number of unspecified persons.

The Defendant, according to the instructions of C and D in general, based on the database (referring to the data in which the telephone number or personal information is written, gathered in order to share the roles of the team leader and obtain money from an unspecified number of unspecified persons, with G (i.e., 'H agency'), including misrepresentation of B Bank E agency or F agency by posting a phone on the basis of the database (referring to the data in which the telephone number or personal information is written), i (i) K (i.e., one 'J agency'), M (i., one 'N agency'), andO (i.e., one 'P agency'), Q (i.e., one 'R team leader'), and S (i.e., one 'T director').

Around May 23, 2016, according to the aforementioned division of roles, the Defendant made a false statement to the effect that “B Bank F agency will be linked to domestic companies because it may receive a loan on good terms and conditions,” and Q will continue to pay the first interest and the premium to the effect that “B will grant a loan.”

However, even if the defendant receives money from the victim for the name of insurance premiums, etc., he/she did not have the intention or ability to make a loan.

The Defendant received a total of KRW 3,302,00 from the victim to the X bank account in the name of the same day, such as insurance premium, etc. from the victim, and received KRW 3,302,000 over three times from that time until December 26 of the same month.

In addition, the Defendant conspired with the above C, etc., as described in the separate list of crimes from October 15, 2015 to June 8, 2016.

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