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(영문) 부산지방법원 2020.03.25 2020고단264
사기미수
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, upon receipt of instructions from an employee of Bosing financial fraud organization, who is a telephone financial fraud organization, recruited with the staff of Bosing who will take charge of receiving money if the account holder withdrawss the money that the victims of telephone financial fraud remitted to a specific person’s account.

On January 6, 2020, 2020, an employee in the name light of the license call call from the victim B and misrepresenting the Cbank staff, and “a loan may be made up to KRW 2.2% per annum if the credit grade is good. It is possible to obtain a loan by means of card loan or glock and to improve the credit rating by means of remitting the loan to the accounts known to us and repaying the existing loan.” Accordingly, around January 7, 2020, the employee received from the victim the credit rating of KRW 16 million with the E bank account in the name of D around January 7, 2020; KRW 15 million with the G bank account in the name of F around August 10 of the same month; KRW 232 million with the G bank account in the name of H around the same month.

On January 11, 2020, the Defendant received KRW 10 million from the first road in Busan-dong, Busan-dong, and deposited the above amount into an account designated by the deceased on January 10, 202, according to the direction of the above staff members, and did not receive the above KRW 10 million from the wind of arresting the police officer dispatched upon the above H’s report.

Accordingly, the defendant, in collusion with the employees in charge of scaming, attempted to deceiving the victim and take the property by deceiving him, but did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (the details of account transactions received as allowances);

1. The crimes falling under the relevant Article of the Criminal Act and Articles 352, 347(1) and 30 of the Criminal Act, which show the reasons for sentencing, are unspecified.

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