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(영문) 수원지방법원 2019.02.14 2018고단6765
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. In order to commit a crime of telecommunications fraud (hereinafter referred to as “scam”), a person who is a general responsibility of the criminal organization of fraud shall organize various levels of steps, such as inducements, management measures, withdrawals, and cash receipts. An employee who is under the inducements shall, by fraud, make the victims transfer money by making a false statement to the victims, such as inducing the victims to pay money, such as stamp dues, payment premiums, etc. in order to obtain a loan, or repaying part of the existing loans, by misrepresenting the victims by telephone from the victims, and making a false statement to the victims, and the researchers who are under the managements shall collect money, collect money, collect money, and withdraw money in cash, and then instruct the victims to deliver the money to the cash receipt books, and notify the victims of the cash receipt books to deposit money from the places where the cash receipt books are to be withdrawn and the account to be deposited from the cash withdrawal books. The Defendant, on August 3, 2018, made the cash withdrawals to be paid in order to the victims’ money deposited.

On July 29, 2018, the singishing staff in the name of fraud against the victim B made a false statement to the victim B, who sent a loan advertising text message to the victim B and reported it to the victim B, stating that “Any loan may be extended from C Bank to 35 million won which is below credit rating if a part of the existing loan is repaid.” The victim is the victim of the same year.

8.3. Around 11:21, at around 11:21, the Defendant deposited KRW 6 million with the bank account (E) in the name of repayment of existing loans. Around that time, the Defendant received the order from an employee in charge of the above names, and transferred the money by using D’s check card (H) held at KRW 12:00 on the same day.

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