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(영문) 대구지방법원 경주지원 2019.06.26 2019고단166
사기미수
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who assumes a false statement, such as “a remittance of money to an account in which a low interest rate loan is known to the general public if an existing loan is repaid,” and “a withdrawal of money deposited into an account and delivery of money to the head of the competent tax office,” is a person in charge of planning and ordering a person to commit a crime of telephone financial fraud (i.e., one-time phishing) by having another person remit or withdraw money and collect money. The telephone financial fraud organization in which the above person was the person who assumes the role of “one-time phishing” consists of a person who assumes the name of a financial institution in accordance with the direction of the total liability and the role of allowing an unspecified number of people to remit and withdraw money and instruct him/her to collect money in accordance with the direction of the “compacting” and the “compacting” who takes charge of collecting money in accordance with the direction of the “compacting”.

The Defendant is a person who, with the proposal of the above telephone financial fraud organization’s “in the event of receiving and sending the money, KRW 100,000 per day and KRW 1% of the received amount as commission,” and was working as a “compensation” of the said telephone financial fraud organization.

On March 21, 2019, the term “interim liability” of the aforementioned telephone financial fraud organization falsely assumes B Bank employees C, and phone called the victim D to “I would be possible to lend at a low interest rate of 6 million won if I would be able to pay 6 million won of the debt in E, and it would be possible to transfer 6 million won of the loan to the account to which I would be able to pay 6 million won of the loan by remitting 6 million won of the loan to the account to which I would be designated at home.” The victim was obliged to transfer 6 million won of the loan to the B Bank account in the name of F around 10:15 on the same day

The above "Intermediate book" continuously assumes the H staff and calls to the above F.

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