logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.07.07 2015고정972
사기등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 16, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor at the Seoul Northern District Court for fraud, etc., and the judgment became final and conclusive on January 16, 2015.

On May 2014, the Defendant received a proposal from “B” (ScarF conversation: C and D) located in the Philippines, which is a single organization of telephone fraud (hereinafter “Scarf conversations”), to take over a passbook and card used for telephone fraud, withdraw the amount of damage, and not transfer it to the account designated by “B”, and had the Defendant take part in the crime under the condition that part of the cash withdrawn on the day receive the fee.

1. On July 5, 2014, the Defendant, as indicated in the foregoing premise, acquired the means of access, such as the cash card in the title of E, from Kwikset service provider at the construction site located in the Seocho-Eup in Gwangju-si, for the purpose of using for committing the said crime.

2. As the fraud Defendant conspired with “B” and the aforementioned telephone fraud organization’s namelight, the Defendant sent letters that he/she would have a mobile phone loan to the victim F around July 7, 2014, and made a false statement to the victim “B shall deposit KRW 125,000 in the name of the official seal in order to obtain a loan by telephone.”

However, the above assistant is not an employee in charge of the loan, and there was no intention or ability to grant the loan to the above victim.

Around that time, the Defendant received 125,000 won from the defrauded’s online securities account in the above E’s name and acquired it by deception.

Summary of Evidence

1. Copy of a protocol concerning suspect interrogation of the defendant or E;

1. Statement of the police statement concerning F;

1. Copies of the details of deposits and transactions and materials for replies;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (reports on confirmation of judgment of separate suspects), and statutes;

1. Article 49(4)1 of the Electronic Financial Transactions Act and Article 49(4)1 of the same Act concerning criminal facts and the choice of punishment;

arrow