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(영문) 서울북부지방법원 2020.02.19 2019고단5536
사기등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. The fraud by telephone financial fraud (one-person) is an organized crime with various stages of structure, such as “total liability” that plans and instructs a crime as a whole, “instrusive liability” that deceives and misleads a victim, “inciting and delivering a cash card, account book, etc.”, “solicitation and delivery” that solicits and transmits a victim’s money transferred from a cash payment machine, “book of withdrawal” that withdraws or directly receives cash from the cash withdrawal book, “cash delivery” that delivers cash to the domestic or foreign total books, and “transfer account” that delivers deposited criminal proceeds.

Around October 2019, the Defendant: (a) received a proposal from a person who referred to as “C” that he/she came to know through B, “A may receive money from a person who transfers money to a designated account,” and (b) received a proposal from “D”, which is the organization of Bophishing, to which he/she was introduced, to “I will give KRW 500,000 won per case when he/she received cash from a certain person when he/she received orders from a certain person,” and (c) received a proposal from “I will give KRW 60,000 won per case when he/she received orders from a certain person.” (d) knew that the proposal committed a Bophishing crime.

On November 20, 2019, at around 15:29 on November 20, 2019, the name omittedist, who is the Bosing inducement book, by the public invitation as above, called the victim E, and the case of accusation was received at the wind used for fraud by opening a passbook in the name of Seoul Central District Prosecutors' Office. The serial number of cash deposited in the passbook in order to verify whether the accomplice is accomplices, and the number of cash deposited in the passbook should be confirmed, and the Defendant made a false statement to the Governor that the employee of the Financial Supervisory Service is the Doropo Corporation, and the Defendant, at around 12:52, around November 21, 2019, according to the direction of the above “D,” H hospital “H Hospital located in Dongdaemun-gu Seoul Metropolitan Government, as if he was an employee of the Financial Services Commission,” and the Defendant as described in paragraph 2.

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