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(영문) 서울남부지방법원 2018.11.28 2018고단4801
사기미수
Text

Defendants shall be punished by imprisonment for one year.

However, with respect to Defendant A, the same shall apply for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The organization of telecommunications financing fraud (one-time “scaming”) is an organization that commits a crime under the law of receiving money from a large number of unspecified persons by misrepresenting to a financial institution or an investigative agency or by kidnapping his/her family members while operating a call center in a foreign country, including China. As such, the organization is an organization that commits a crime of receiving money from a large number of unspecified persons by misrepresenting himself/herself, such as sending money. As such, as if it is an employee of a financial institution or investigative agency, etc., the counselor who solicits many unspecified victims by telephone, etc. (hereinafter “inducing”) who is approaching the victims to commit the crime, and as if it is an employee of the financial institution or investigative agency, the “cash collection scheme” that receives cash from the victims to deliver the money to the “cash collection scheme,” the said cash collection book is operated in the overall form of “conducing”, or “conducing” that transfers money from the said “cash collection book,” and that is, in the form of a general organization that plans and instructs them to commit the crime.

Defendant

A, on September 9, 2018, served as a "plan for cash collection" of the crime of the crime of the phishing fraud, such as the firstman on the name of the deceased, the amount collected as a commission. Defendant B, who promised to collect the amount of damage in return for a promise from a person in the name of the deceased, such as the "general responsibility," and the head of the Si/Gun/Gu, intended to play a role of monitoring around the area so that he/she does not escape until he/she delivers the amount of damage to the "plan for remittance" (or "bill for delivery") after collecting the amount of damage.

A person who is not aware of the name of the telecommunications financial organization will obtain money from the victims by misrepresenting the investigative agency or deceiving his/her family members as if he/she had captured them or demanding money by pretending them.

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