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(영문) 전주지방법원 2018.12.12 2018노1416
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant under suspicion that he/she transferred a passbook to be used for the crime of Bosing even one month prior to the occurrence of the instant case, and if he/she transfers a passbook without passbook, he/she can obtain a loan from a financial institution.

In full view of the fact that the Defendant believed that it is difficult to understand in light of the transaction concept, and that the Defendant’s assertion that he was a tool used for the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the

Although the court below found the defendant not guilty of the facts charged of this case, it erred by misunderstanding the facts and misunderstanding the legal principles.

2. Determination

A. The summary of the facts charged in the instant case consists of “col center” that leads to deceiving victims and receiving money by misrepresenting the employees of financial institutions, such as the “total liability” that manages the organization, mobile phone, etc., or “col center” that is used for committing a crime, or a media connected thereto, and a “col for collecting cash” that takes the role of withdrawing and remitting money deposited in the account, etc., and share each of the roles in the form of an organization in accordance with the direction of the “total liability”.

On October 19, 2017, the Defendant would make a loan from a person who assumes a false name from a lender on his/her name.

If money is deposited in the account, it should be transferred to a designated account by withdrawing the money in cash, and the defendant was willing to withdraw the money deposited in the account under the name of the defendant and transfer it to the designated account by the person in default of name.

The phishing fraud, linked to the above person's name in mind, is around October 20, 2017, around 09:00.

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