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(영문) 서울동부지방법원 2020.05.07 2020고단221
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Part of the facts charged in the indictment was revised according to the facts obtained through the examination of evidence without the amendment process to indictment to the extent that it does not disadvantage the defendant's defense right.

The organization of telecommunications-based financial fraud (hereinafter “scaming”) is an organization that commits a crime by inducing a large number of unspecified persons to withdraw money from his/her account and receiving it, etc. by falsely communicating with a financial institution, etc. to the effect that “to grant a loan at low interest if it redeems a loan received from another place.” It is operated in the form of an organization that manages the organization; “total liability”; “induction” by allowing a large number of unspecified victims to take phone calls; “induction” by allowing a certain number of victims to deliver the money to another person; “deduction” by receiving money from the victim; “deduction”; “deduction”; “deduction” by transmitting the money to another person; and “management liability” by means of the aforesaid delivery method; and it is operated in the form of an organization, such as communication with one another, in which it is difficult to track in preparation for the arrest of an investigation agency.

On November 2019, the Defendant received a proposal and consented to the receipt of KRW 100,00 per day when he receives money from a designated person to deposit without a passbook from a third party, such as “B,” etc. The Defendant committed the crime of fraud by receiving money from a third party under the name of a financial institution by misrepresenting to a large number of unspecified victims and receiving money from another financial institution, and then transfers money to another account designated by “B,” if the victims wait at the promised place with cash in accordance with the above “B,” the Defendant received cash from the victims and wired money to the other account designated by “B.”

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