logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2020.06.09 2020고단1346
사기
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

As a criminal organization of Bosphishing, the name-consceptist, who calls to unspecified victims in Korea, misrepresents himself/herself to investigative agencies, deceivings the victims to have stolen the names of victims, and instructs other investigation officers to commit a crime, and the defendant provided the defendant's account at his/her request and withdraws the money deposited in the defendant's account in accordance with the instructions of the name-consceptist, respectively, and the defendant conspireds to acquire money by deceiving another person by using a name-conscing method.

On August 16, 2019, the person in poor name called the victim B by telephone to the victim B, and called the public prosecutor's office's office's office's office's office', and "the cooperation must be given to the offender because the name of the party was stolen so that the crime was inflicted. We deposit money to the account notified by us."

However, in fact, the person who is not a public prosecutor's office is not an employee working in the public prosecutor's office, and the victim did not incur criminal damage, and only the victim tried to obtain money from the victim through the scam method.

On August 16, 2019, at around 16:41, 2019, the defendant was transferred from the victim the amount of KRW 5 million to the Cbank account (Account Number D) in the name of the defendant. At around that time, the defendant, under the direction of the person who was unable to receive the name, withdrawn the amount of KRW 5 million from the C Bank in the vicinity of the Suwon Station located in Suwon-si around August 16, 2019, and gave the amount of KRW 4.87,00,000,000, excluding the fee of KRW 1.370,000,000,000 from the victim.

Accordingly, the defendant was given property by deceiving the victim in collusion with the person who was not aware of his name.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statements of each police interrogation protocol against the accused;

1. B written statements;

1. Application of the CCTV Acts and subordinate statutes, such as a photograph of a Handphone call list, a detailed statement of victim transaction, a written application for transaction, a certificate of deposit transaction record, and a CCTV photograph.

arrow