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(영문) 대전지방법원 천안지원 2020.01.31 2019고단3171
사기미수
Text

A defendant shall be punished by imprisonment for one year.

One cell phone (Evidence No. 1) seized LG G8 (Semphishing) cell phone from the defendant.

Reasons

Punishment of the crime

The Singish organization consists of inducements by deceiving victims to have a large number of unspecified victims make a loan by telephone, solicitations by deceiving victims to receive damage money, deliverys of the means of access connected to the large account, deliverys by delivery of the means of access to the large account, withdrawals of damage money and withdrawals of transfer of damage money to the said organization. From October 2019, the Defendant played the role of withdrawals by receiving damage money from the victim or account holder from the singishing employee who misrepresented B from October 18, 2019 to receive damage money from the victim or account holder and received the damage money from the singishing employee and received it from the victim or account holder and had the record of emergency arrest by committing the singish fraud on October 18, 2019. Thus, the above act was sufficiently known that it was the singish fraud.

On November 22, 2019, an employee misrepresenting D Company E made a false statement to the victim F at a non-place on November 22, 2019, stating that “The h bank account (I) in the name of G will be transferred KRW 10,000,000 to the H bank account (I) in the name of G, and KRW 9,540,000 to the K bank account (L) in the name of J will be transferred to the victim.” On November 25, 2019, the employee made the victim transfer KRW 10,000 to the said account in the name of G around November 27, 2019.

On November 25, 2019, the Defendant received an instruction from an employee of the Singishing operation, and around 15:37 on November 25, 2019, the Defendant intended to deposit KRW 10 million, which the victim transferred from G to G’s account in the name of G, but failed to be arrested as a flagrant offender and thus, the Defendant was arrested.

Accordingly, the defendant, in collusion with the staff of the scaming assistance in the name of the defendant, accused by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and F;

1. Police seizure records;

1. Report on the results of analysis of digital evidence;

1. Contents of telegram dialogue between A and C, the suspect and B.

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