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(영문) 서울남부지방법원 2017.09.07 2017고단3302
사기
Text

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

Seized evidence 2 shall be confiscated.

Reasons

Punishment of the crime

The name Buddhistist is a total liability that establishes and operates a call center for licensing in China and instructs the Defendant to transfer money that the Defendant received from the injured party. The Defendant is a cash delivery that receives one million won from the name Buddhistist and delivers the money to the name Buddhistist under the direction of the injured party and the Defendant receives one million won from the commission.

On June 21, 2017, the Defendant conspireds with the person who was infinite, misrepresented the inspection of the Seoul Central District Public Prosecutor's Office by posting a telephone to the victim C, and "the head of a Si/Gun/Gu was involved in the crime."

In order to confirm whether a person has accomplices, he/she shall withdraw the money in a passbook and grant it to employees of the Financial Supervisory Service.

“A false statement,” and the Defendant, at around 12:02 of the same day, misrepresented the staff of the Financial Supervisory Service in front of the door high schools located in 47:45 degrees, as Geumcheon-gu, Geumcheon-gu, Seoul, and received KRW 1,1920,00 from the injured party.

Accordingly, the defendant was given property by deceiving the victim in collusion with the person with no name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Detailed statement of transactions and details of passbook transactions;

1. Seizure records;

1. Application of forged documents, etc. (Investigation Records 23-28 pages)-related Acts and subordinate statutes;

1. Relevant Article 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense and Articles 347 (Selection of Imprisonment);

1. The crime of this case committed on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is an act of delivering cash that the Defendant received from the victim of the telephone financial fraud crime to another assistance officer. The telephone financial fraud crime consists of organized and planned for many unspecified victims, causing and expanding ties in society through public institutions, financial transactions, etc., and causing severe pain to the victims, and the method of committing the crime is also able to be recorded.

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