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(영문) 인천지방법원 2020.11.25 2020고단5607
사기방조등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

[200 Highest 5607]

1. The scaming organization composed of “total liability” which manages and operates the organization and directs the overall crime, “implementation liability” which demands a financial institution or investigation agency to deliver money by misrepresenting the victim and misrepresenting himself/herself via telephone or Mescams, “passbook solicitation” which receives money from fraud or solicits an passbook to receive money from fraud or money laundering; as above, “cash collection account” which directly withdraws money from money deposited or transfers money from money laundering account using personal information of many people by receiving money from the victim; “cash collection account” which directly withdraws money or transfers money from money laundering account using personal information of many people; and “fund management account” which spreads money deposited into money laundering account as designated by the total book while managing money laundering account.

On April 5, 2020, the Defendant: (a) received a recommendation from a person to set up a cash collection book to the effect that “B scam site is operated by the person; (b) the cash withdrawal book is required; (c) scambling two boxes are taken out from the mobile phone 1 unit and physical card on which scamblings are located; and (d) then withdrawn cash from the cash withdrawal machine at the cash withdrawal machine and delivered cash in accordance with the instructions,” and (e) accepted that the Defendant could have been scaming.

Accordingly, the singishing staff member of the name gathered from the victim C at the location of April 3, 2020 and misrepresenting the victim C to transfer the e-mail card connected to the account because he could perform the work of lending the conversion of financial rights to the e-mail at the location of the name on April 3, 2020 to 50 million won on condition of interest 4.5% to 5%. It is possible to lend the e-bank card connected to the account. The financial institution does not have the existing record of the loan due to the absence of the existing record of the loan to be repaid by the financial institution. It is false that the employee will deliver the e-mail card connected to the F bank. It is the victim's account (G) on April 9, 2020.

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