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(영문) 서울서부지방법원 2020.12.23 2020고단3148
사기미수등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 20 shall be confiscated.

Reasons

Punishment of the crime

The organization of telecommunications-based financial fraud (hereinafter “scaming”) consists of “total liability”, “net liability”, “management liability”, “credit card collection and cash withdrawal”, etc. The “total liability”, while managing the members, shall operate the organization, and the “net liability”, by misrepresenting the employees of financial institutions, etc. to a large number of unspecified victims, and misrepresenting them to make false statements to the account of the account holders recruited in advance or to the account of the victim himself/herself. The “management liability” shall include collecting the card and cash withdrawal, inviting the account holders, and allowing the victims to transfer money to the account of the account holders recruited in advance. The “management liability” shall include collecting the check and cash withdrawal, and collecting the check card connected to the account that the victims remitted the amount of damage to the account, and then withdrawing the money deposited in cash, and depositing it into the account that the management liability was directed.

In preparation for arrest, they are operated in the form of an organization that does not play a role other than each other and does not receive instructions using telephone and message and does not know each other.

1. On September 2020, the Defendant attempted to commit fraud: (a) received a proposal from a person who was unaware of his name, who was the cause of the organization of Bosing, to the effect that “if he withdraws cash after collecting a card delivered by us, then withdraws cash, he will make the withdrawal amount to KRW 1,000,000 per KRW 6 million as an allowance; and (b) conspired in order with those who were unable to collect the card and pay cash withdrawals.”

Accordingly, the nameless person who is the deception of the Bosphishing organization is the director of the "C Bank D division" by telephone to the victim B at a place that cannot be known on September 21, 2020, because of the lack of credit rating, 100,000 won is deposited in the C Bank account because of the lack of credit rating, and the card connected to the account is sent, us will make a loan by setting the transaction performance and raising the credit rating.

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