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(영문) 대전지방법원 홍성지원 2019.10.02 2019고단249
사기
Text

A defendant shall be punished by imprisonment for four years.

Of the facts charged in the instant case, the fraud by December 3, 2015 shall be acquitted.

Reasons

Punishment of the crime

The telephone financial fraud group in China, which has a base for the World Trade Organization, constitutes a "Symna Team" that deceives victims by misrepresenting the investigators and prosecutors of the Seoul Central District Prosecutors' Office, and "Symna Team" that is responsible for collecting damages by misrepresenting loan companies, such as B, and "Symna Team" that is responsible for withdrawing, collecting, delivering, exchanging, and monitoring on-site, etc., and has conspired to acquire victims' money through Bophishing.

The Defendant, using the name of “C” from the “S” check team of the said Telecommunications Financial Fraud Group, assumes the victim’s phone call to an investigative agency, such as the prosecutor’s office investigator and prosecutor, etc., and at the same time belongs to the victim, distributes personal information (DB) of the victims, and takes charge of the head of the team managing the team members.

Around June 2, 2015, according to the aforementioned division of roles, the Defendant: (a) misrepresented the public prosecutor of the public prosecutor’s office by making phone calls to the victim E; and (b) fraudulently made false statements to “once personal information of the victim was leaked to transfer money to a safe account; and (c) received KRW 15.8 million from the victim to the G account in the name of F; and (d) received KRW 1,5.8 million from around that time until November 11, 2015, the Defendant acquired KRW 32,000,000 from the total of 32 victims as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of the examination records of each police suspect against H, I, and J;

1. Copy of the statement made by the police in J;

1. Status of individual entry or departure;

1. Report on internal investigation (specific to mephishing team A);

1. Application of Acts and subordinate statutes evidencing each damage;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are not only systematic fraud but also multiple and unspecified victims.

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