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(영문) 창원지방법원 2019.10.24 2019고단1221
사기미수방조
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

In order to commit a telecommunications fraud crime, the nameless person who is a general responsibility of the criminal organization of telecommunications fraud (hereinafter referred to as "scam") shall organize various stages of steps, such as incentives, management measures, cash receipts and disbursements, and financial policies, etc., and the members who are in the incentive policy will give a loan to many and unspecified persons at a low interest if they pay a loan by misrepresenting to a financial institution or an investigation agency, etc. by making a false call to an unspecified number of people.

The head of the Tong or the head of the Tong under the name of the party, by deceiving the victims to pay the money into the account designated by him/her, by allowing him/her to use the money for the crime, and by allowing him/her to deposit the money. The members of the management ledger to recruit cash receipt books and notify the cash receipt book of the place where the account holder is in the name of the account and the account to deposit the cash received from the said cash receipt book. The defendant, on September 2018, received 30-40,000 won per case from the officer of the first instance court (title B) who received the money withdrawn by the account holder and received 30-4,000,000 won per case if he/she did not actually receive the cash receipt on the date he/she received the order of cash receipt, and, upon recognizing that the money delivered by him/her may be the source of cash receipt, he/she transferred the money to the National Council of M20, Busan, and Busan, to October 2018.

On November 1, 2018, when misrepresenting C staff at around 11:00 and calls the victim D to “in order to obtain a loan, to transfer KRW 15,00,000,000 to repay the existing loan temporarily.” Accordingly, the victim is required to deposit KRW 15,00,000 with the E E’s account at around 11:08 on November 2, 2018, and the Defendant is the above.

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