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(영문) 서울중앙지방법원 2019.02.14 2018고단7944
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 20, 2018, the Defendant, according to the proposal of the Director-General of the U.S. Office for the Organization of Bophishing, had the victim of Bophishing in person or by misrepresenting the staff of the Financial Supervisory Service, and had the victim play a role in receiving and remitting money.

Around 10:40 on July 31, 2018, an employee in the name light of the license refers to a false statement to the effect that, by misrepresenting himself/herself to the victim AH on the phone, he/she “it was used for fraud due to the opening of a large passbook in the name of the party, which was used for the crime of fraud, and withdrawal of money in the account and confirmation to the employee of the Financial Supervisory Service should be made to the employee of the Financial Supervisory Service in order to identify whether he/she is a victim,” the employee in question led the victim to withdraw KRW 6 million from the account in the name of the victim at least 14:30 on the

Around that time, the head of the above office instructed the defendant to collect money from the victim through C. Accordingly, the defendant received 6 million won in cash from the victim who was under his/her name-free phone, as mentioned above, around 16:00 on July 31, 2018, 201, and was delivered 6 million won in cash from the victim who was under his/her own name-free phone, 16:00 on July 31, 2018.

Accordingly, the defendant, in collusion with the head of the above OO office, by deceiving the victim, and by deceiving 6 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to AH by the police;

1. Confirmation of CCTVs from sick stations and application of the Acts and subordinate statutes governing receipts;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. The crime of scaming reasons for the sentencing of selective imprisonment is committed on a systematic and planned basis, and is highly harmful to society, such as causing damage to unspecified or many citizens, and thus, it is necessary to impose strict punishment. The act of taking part in the act of taking part in the act of subordinate staff, such as withdrawals, collections, remittances, transfers, etc., is strictly punished.

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