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(영문) 서울서부지방법원 2017.12.01 2017고단3247
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The name-free boxes (hereinafter “H”) operated the call center at a place where it is unknown, visited many and unspecified domestic unspecified persons in Korea to have them withdraw money in the account by making false statements, such as “the account under the name of the political party was connected to a crime,” and conspired in order to commit the crime of phishing by dividing the role of “total liability” of the telephone finance fraud (hereinafter “Sphishing”), which takes the cash withdrawn by the people as if the employee of the Financial Supervisory Service was a member of the Financial Supervisory Service, and in order to divide the role of “collection liability,” which takes place as if the Defendant was an employee of the Financial Supervisory Service, and delivers cash by taking the role of “collection liability,” which takes charge of the act of collecting and delivering cash.

On July 24, 2017, at the place where it is not known about 10:0,00, the person who was not named was contacted with victim I, and misrepresented the prosecutor, investigator, etc. of the Seoul Central District Public Prosecutor's Office, and "the account under the name of the party was connected to the crime."

After cancelling the installment savings subscribed under the name of the party, the bank withdrawn the money and made a false statement to the employee of the Financial Supervisory Service that he/she will return the money after confirmation on the face of the party.

피고인은 그 무렵 위 성명 불상 자로부터 위 챗 (wechat) 을 통해 “ 피해자를 찾아가 현금을 수거하라” 는 지시를 받고, 같은 날 16:30 경 서울 용산구 새창로 213-17에 있는 서울 기쁨의 교회 부근으로 이동하여 그곳에서 대기하고 있는 피해자를 만 나 마치 자신이 금융감독원 직원인 것처럼 행세하며 피해자에게 금원을 달라고 거짓말을 하여 이에 속은 피해 자로부터 현금 1,000만 원을 받았다.

Accordingly, the defendant acquired the property of the victim in collusion with the name infinite.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of the details of the entering and withdrawing transactions to the NH Nonghyup Bank and the statutes governing the judgment;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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