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(영문) 의정부지방법원 2020.04.01 2020고단33
사기미수방조
Text

A defendant shall be punished by imprisonment for not more than ten months.

The seized ELV50 mobile phone (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The financial fraud organization of telephone communications (one-time "Scaming") is acquiring money from victims by means of telephone, etc. with a system consisting of inducements to transfer money by deceiving victims, a total withdrawals that instruct withdrawal of transferred money, and a withdrawals that withdraw money from the cash payment machine of a financial institution according to its instructions.

On October 2, 2019 to December 23, 2019, the Defendant received instructions from a person who was unable to use his/her name (i.e., “B”), and (ii) received orders from the victim from time to time, and (iii) served as a withdrawal method for making deposits without a passbook to the account directed by the said person who was not entitled to receive the damages from the victim, thereby attempting to assist in committing the crime of fraud of the person who was not entitled to a name

On December 20, 2019, the telephone financial fraud assistance employee in the name of the victim made a false statement to the victim C, who calls at a place where the location cannot be known, and who misrepresents the credit team staff of the D claim team, and “if a loan is obtained from another place, it shall be a bad credit holder due to the violation of the Financial Law.” On December 23, 2019, the loans must be repaid at the morning.”

However, in fact, the above-mentioned person was a plan to obtain the loan from the victim when he remitted the loan, and did not intend to return it.

On December 23, 2019, at around 11:04, the said telephone financial fraud assistance employee had the victim transfer the amount of KRW 13 million to the F bank account under the name of E, and ordered the defendant to deposit the said amount with the passbook under the transfer from E.

Around December 23, 2019, the Defendant, in accordance with the direction of the above, tried to assist the Defendant in committing a scaming crime by receiving KRW 13 million from H in front of the Namyang-si, G in cash or check and depositing in the passbook without using cash and check. However, on the same day, the police officers dispatched to the Republic of Korea on the 11:34 report of the above E, who suspected of committing the scaming crime, to arrest the Defendant.

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