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(영문) 대구지방법원 2020.10.29 2020고단4163
사기
Text

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

Reasons

Punishment of the crime

The name-free person is a telephone financial fraud assistance employee who assumes the money from victims by calls to many unspecified victims while operating the call center in an irregular area.

Defendant

The defendant appealed on May 7, 2020 from the Daegu District Court sentenced three years to imprisonment with labor due to fraud, etc., and appealed on August 11, 2020 as a crime of fraud and is currently pending in the appellate trial.

On December 2, 2019, the above telephone financial fraud organization received 3% of the amount collected from victims by the method of misrepresenting the employees of the Financial Supervisory Service, etc. from the above telephone financial fraud organization (B), and the victim collected the amount of damage by approaching the victim's name in return for the instructions from the victims, and then, the victims collected the amount of damage, and then remitted it to the account designated by the victims and delivered it to the telephone financial fraud organization in order to receive the "cash collection book and remittance book".

On December 4, 2019, at a place where it is impossible to know the place, the person whose name was not the victim C made a false statement to the effect that “The victim C is obliged to grasp whether the crime was prevented and illegal loans, and, upon receiving a loan, the D and E E E E are installed, and the victim was given the loan and transferred to the person in charge of the internal investigation in charge of the disaster.” The victim had the victim withdraw KRW 39 million in cash from the account in the name of the victim.

On December 4, 2019, at around 17:18, the Defendant: (a) misrepresented the victim from the stairs of the front building in Daegu-gu, Daegu-gu, and received cash of KRW 39 million from the victim by misrepresenting the victim’s staff; (b) remitted the remainder of the money, excluding the amount equivalent to 3% thereof, to the account instructed by the non-member of the name.

As a result, the Defendant, in collusion with the staff of the Defendant, received the goods from the victim by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1.Each police officer against the petition (C) and C.

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