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(영문) 서울서부지방법원 2017.07.26 2017고단1129
사기방조
Text

Defendants shall be punished by imprisonment for ten months.

However, as to the Defendants, the two years period from the day when this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 24, 2016, Defendant A received a proposal from Defendant A to withdraw and deliver the money deposited in the post office (F) deposit account in the name of Defendant’s name (hereinafter “D company E”) in the name of Defendant by repeating cash withdrawals from the Defendant’s cell phone to the deposit account in the name of Defendant (hereinafter “D company E”), and received a proposal from Defendant A to demand the withdrawal and delivery of the money deposited in the Defendant’s name.

The Defendant had been well aware of the process of receiving the loan and carrying out the loan, and thus, was aware that the lending method carried out by the winners of the above name was an emergency form. In order to withdraw the cash deposited into the account under the name of the Defendant according to the order of the winners of the above name, the Defendant sent an instruction to the effect that “I would be able to use it for the phishing crime if you withdraw and deliver the money deposited at the request of another person” while waiting at a post office’s location, “I would be able to confirm if you withdraw and deliver the money deposited at the request of another person. I would be able to withdraw and deliver it only in cash, not in cash, and the post office employees would withdraw it as the price for singing machines, and the Defendant’s employees would be able to receive the money deposited in the account under the name of the Defendant through the process of delivering cash on the street, etc.

I think.

Nevertheless, the Defendant, without an intention or ability to return money, calls to the victim G and assumes a false statement to the public prosecutor’s office on the same day and misrepresenting the victim G to the effect that “The Defendant would return money after checking if he/she deposits money to the account giving instructions to confirm whether the offender is an accomplice,” thereby allowing the victim to use the account under the name of the Defendant in order to obtain money from the victim to obtain money from the said post office account in the name of the Defendant at KRW 14:30,00,000,000 from around 15:20 and KRW 30,000,000 from the victim.

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