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(영문) 대구지방법원 2019.05.09 2019고단627
사기미수
Text

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

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

Reasons

Punishment of the crime

In a place where it is impossible to know, the person who was unaware of the name is operating a Bophishing fraud organization that received money from the victims by making phone calls to unspecified victims and misrepresenting them to the prosecution.

Around March 28, 2018, the Defendant received a proposal that “the Defendant would pay KRW 300,000 won and additional allowances for each case to a designated account by receiving money from an unspecified person who became aware of through B advertisement.” In response to the proposal, the Defendant, despite being aware that the Defendant would have been able to receive money from the victims, he/she would follow the instructions of the said person under his/her name, who was aware of the fact that the money which the Defendant would have to pay to him/her was the money of the victims, and then, was collected money from the victims according to the instructions of the person who was unable to receive the said name, and then conspired to assume the role of sending and receiving the money from the said person to the head of the Tong designated by the said person.

On April 11, 2018, the above Bosing Fraud’s name omitted employee called the victim C (n, 43 years of age) by phone calls, and falsely called the prosecutor and prosecutory investigator, and “the account in the name of the party concerned was connected to the 70 billion won and fraud gambling case. It is necessary to verify whether the above account is being used as of the date of the credit card loan, and then to designate the security personnel of the Asing Office as the designated location.” The victim saw the security personnel of the prosecutor’s office at six relay stations in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu as designated by the above in exchange for loans of KRW 26 million.

On the other hand, at around 16:55 on the same day, the Defendant had an official door related to the forged account tracking in the name of the Financial Supervisory Service at least six relay stations located in Seoul Special Metropolitan City, Nowon-gu, and attempted to receive the above KRW 26 million from the victim but attempted to arrest the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Records of seizure;

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