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(영문) 서울중앙지방법원 2018.12.05 2018고단6610
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence shall be confiscated by the accused as referred to in subparagraphs 1, 3 through 7.

Reasons

Punishment of the crime

1. The fraud ordinary telephone financial fraud organization is composed of an organization that establishes and operates a call center in an influent situation and calls to an unspecified number of people in Korea and obtains money from those people (the so-called “scaming”). It consists of “total liability” planned and instructed as a whole to commit the crime, “influence” that induces the victim by putting a false phone directly, “influence” that is delivered with the passbook to withdraw the money by fraud or receiving the check card, and “confluence” that directly withdraws cash transferred to the account by the victims or transfers it to other accounts.

On August 2018, the Defendant conspiredd directly or in sequence with the telephone financial fraud assistance staff to obtain money from many unspecified victims, such as: (a) the Defendant was solicited to engage in the name of the telephone financial fraud organization (B.C. and “D”; and (b) the role of the “componcing solicitation”, “passing”, and “direct remittances”; (c) and (d) the Defendant intended to engage in deception of money from many unspecified victims.

On October 1, 2018, at least 11:45 on October 1, 2018, a staff member in charge of telephone financing fraud made a false statement to the effect that “I would make a loan to a maximum of 23 million won at a low interest rate of 5.3.% per annum when repayment of existing loans is made on the condition of substitution loan.”

However, in fact, the non-name telephone financial fraud officers did not have any intention or ability to provide the victim with the loan.

On October 1, 2018, 3 million won was transferred to the I bank account (Account Number J) in the name of H around 17:00 on October 1, 2018, and five million won was transferred to the K bank account (Account Number M) in the name of K around 11:21 on October 2, 2008.

On the other hand, the Defendant, around October 1, 2018, pursuant to the direction of the above-mentioned lighting staff (B.D) from the housing building located on the second floor of the Seocho-gu Seoul National N building, Seocho-gu, Seoul at around 14:50.

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