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(영문) 서울북부지방법원 2019.03.28 2018고단5020
사기등
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence 2 through 8 shall be confiscated, respectively.

Reasons

Punishment of the crime

【Criminal Force】 On June 20, 2018, the Defendant was sentenced to two years of imprisonment for criminal fraud at the Seoul Northern District Court on April, 2018, and the said judgment became final and conclusive on the 28th of the same month, and is currently under probation period.

【Criminal Facts of Crimes】 The organization of international telephone financing fraud (hereinafter “Sphishing”) consists of sub-organizations in which the role of the organization, such as the organization in charge of receiving the above money and remitting it to the large passbook, is subdivided into an organization that allows the other party to withdraw the money in cash or transfer it to the large passbook, on the ground that it would operate the call center in foreign countries, such as China, and make a new loan at low interest by telephone to the general public. Therefore, the organization that induces the other party to withdraw money in cash or transfer it to the large passbook.

On October 2018, when the Defendant took part in the foregoing organization and re-transfers or delivers the money received through Bophishing, the Defendant had intent to work as a “passing” in which 3-4% of the money and daily allowances are paid at the expense of receiving money, and installed a BF case on a smartphone in accordance with the instructions of the non-scriptive box belonging to the said organization, and conspired with Non-scriptive Boxes to withdraw and re-transfer the remitted money under the direct order of the non-scriptive and called “C” and “D”.

Specific criminal facts

1. On November 20, 2018, the Defendant violated the Electronic Financial Transactions Act: (a) around 15:50 on the street in Seongbuk-gu Seoul, Seongbuk-gu; (b) received one copy of the F C’s physical card (G bank, card number H) sent by the Buddhist winners of the “C” affiliated with the Bophishing Organization on a home-based basis.

In addition, from October 18, 2018 to November 20 of the same year, the Defendant acquired 11 physical card, a means of electronic financial transaction, in the same manner as shown in the attached crime list, from October 18, 2018.

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