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(영문) 서울서부지방법원 2018.02.21 2017고단4029
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On August 16, 2017, the Defendant was sentenced to ten months of imprisonment by fraud, etc. at the Seoul Western District Court, and the judgment became final and conclusive on February 2, 2018.

[Criminal Facts]

1. An employee in charge of telecommunications fraud will give a loan to an unspecified number of people in return for money as if he were an employee of a financial institution.

By means of the phrase, “the victim shall be transferred to the account managed by the assistance staff,” and the Defendant conspired to deception the victim by withdrawing the money deposited into the said account under the direction of the aforementioned person without the name of the victim.

On February 6, 2017, in order to obtain a loan of KRW 20 million at an interest rate of KRW 9.7%, the employee in charge of telecommunications fraud shall deposit interest with the name bank account in the name of D in order to obtain a loan of KRW 20 million at an interest rate of 9.7%.

“Falsely speaking to the effect that it is “,” and Defendant Does waiting to withdraw the said money upon receiving instructions from the above person’s name in the event the victim deposited the money with a physical card connected to the national bank account in the above name.

However, the above person was not an employee of the financial institution, and there was no intention or ability to open a low interest mathp passbook to the victim.

Accordingly, the Defendant, in collusion with the employees to engage in telecommunications fraud fraud, by deceiving the victim as above, and received 2 million won from the victim to the National Bank E account in the above name D on the same day.

2. No person who violates the Electronic Financial Transactions Act shall borrow or lend, keep, deliver or distribute access media with the knowledge that such media is to be used for a crime or to be used for such crime;

Nevertheless, the Defendant is in front of a transit bus terminal located in the Si/Gu around February 6, 2017.

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