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(영문) 서울중앙지방법원 2018.01.31 2017고단8208
사기미수
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant: (a) operated the call center at an influent place in China; and (b) planned and led the so-called “Sscaming” and planned the so-called “Scaming” fraud crime; (c) and (d) if the bearers of the name influence, by demanding an unspecified number of unspecified victims in Korea to call to the employees of the Financial Supervisory Service, and directly withdraw money from the victim’s account under the pretext of preventing secondary damage resulting from the illegal use of the victim’s name, the Defendant conspired in order to have the victim play the role of “delivery”, which received money from the victim who has withdrawn the money.

Accordingly, on November 16, 2017, it is doubtful that the name-free person was in arrears of the telephone fee of 470,000 won, which was subscribed to the name of the party concerned, by phone call to the victim C at an infinite place and misrepresenting the employee of the Financial Supervisory Service.

If the second financial damage should be prevented, and if the 40 million won, which is contained in the passbook in the name of the party, was withdrawn, and the inside of the bank was put into the bank and brought into the designated place, the criminal charge on the spot was collected and the photograph was taken back.

The phrase “ makes a false statement.”

However, there was no employee of the Financial Supervisory Service and there was no damage caused by illegal use of the victim's name.

As above, the Defendant conspired with the person who was unable to obtain his name, and attempted to bring the victim away from his place in accordance with the above order of the person who was unable to obtain his name. However, upon receiving a report from the victim that he was suspected of committing the phishing crime, the Defendant attempted to arrest the police officer who was out of the above place as a criminal on the wind that he was arrested as the current offender.

Summary of Evidence

1. The defendant's partial statement in court;

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