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(영문) 청주지방법원 2017.11.02 2017노795
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, although the defendant could be found to have received property by deceiving the victim in collusion with the victim, as stated in the facts charged in the instant case.

2. The prosecutor of the Amendments to Bill of Indictment: (a) maintained the facts charged not guilty in the original trial as the primary facts charged; (b) applied Article 347(1) and Article 32 of the Criminal Act stated as follows; (c) applied Article 347(1) and Article 32 of the Criminal Act stated as follows; and (d) applied Article 34 of the Act to the amendment to Bill of Amendment to Bill of Indictment: (a) this Court permitted the amendment to the indictment; and

[Preliminary Facts charged] In operating call centers at a place where it is unknown to the victim, the person without the name of the victim operates a telephone financial fraud organization, which is a fraud organization that receives money from the victims, by calls to the victims and misrepresenting them to financial institutions, investigative agencies, etc.

On August 18, 2016, the Defendant may not pay taxes when he/she receives a return in cash from an influenite employee in the name of the aforementioned telephone finance fraud organization in currency while searching the Internet to obtain a loan on or around August 18, 2016.

It is more profit to pay taxes to the people rather than paying taxes.

10% of the deposited money will be paid at the expense of 10% of the deposited money to our employees by finding the table for remitting money to the account under the name of the Defendant (Defendant).

And it will provide a loan of KRW 30 million.

Recognizing the language to the effect that “the victims have received expenses and loans as above, the victims would have been responsible for delivering the remitted money to the officers in charge of their names on the condition that they receive the said expenses and loans.”

The call center of the above telephone finance fraud organization is the call center.

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