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(영문) 의정부지방법원 2019.04.30 2018고단4708
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 name-unscamist, who is the cause of the Boscam organization, allowed an unspecified number of individuals to make a deposit of money with a designated account under the pretext of a loan, and then let the designated account holder withdraw the deposited money and deliver it to the remittance book. The Defendant, upon receiving the instructions from the designated account holder under the direction of the name-unscamist, decided to re-transfer the money to the passbook designated by the unscamist recipient.

On April 5, 2018, the name-freeist person misrepresented the victim B with a person in charge of the C Bank, and caused the victim to transfer the amount of KRW 9 million to the F Bank account in the name of E on April 11, 2018, by falsely concluding that “A loan to the low interest rate of KRW 4.2% and KRW 45 million shall be repaid in part of the existing D Bank KRW 12.5 million. If the money is transferred to the account, it would be possible to make the said loan available after the repayment of the debt.”

However, in fact, the person who is not the person in charge of the Cbank was not the person in charge of the Cbank, and even if the money was received from the victim, there was no intention or ability to provide

The Defendant received KRW 150,00,00,00 from E in accordance with the direction of a person who was aware of the fact that the person who was unable to receive the name of the Defendant was committing the crime of Bophishing, as seen above, in order to assist him in the crime of Bophishing, at around 13:0 on the same day, at the H point located in Ulsan-gu G, Ulsan-gu.

Accordingly, the defendant, by facilitating the fraud of a person who has not received a name, assisted it.

Summary of Evidence

1. Partial statement of the defendant (as of the fourth trial date);

1. The defendant's partial statement in the first protocol of trial;

1. Each police statement concerning E and B;

1. A list of seizure and a protocol of seizure;

1. An investigation report (a document attached to a statement of transactions held by a suspect A), an investigation report (with respect to the details of the use of the suspect KTX), an account holder E in the name of the investigative reporting account.

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