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(영문) 서울중앙지방법원 2017.06.15 2017고단2157

사기

Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year and three months, and imprisonment with prison labor for one year and eight months.

However, as to Defendant B, the same shall apply.

Reasons

Punishment of the crime

Defendants are those who worked as members of the so-called “Sishing” fraud group in the so-called “Sishing area in China,” and Defendant A and Defendant B are married couple.

Defendants, in series, in collusion with P, etc., who are general telephone counselors of the above organization and who are in charge of the management of F, office operation, G managing telephone counselors, H managing the same telephone counselors, I, J, K, L, M, withdrawal books, N,O, and personnel withdrawal management, and who are in charge of telephone service or send text messagess to persons who have received existing loans.

As if a person is an employee of a financial institution or a lending company, he/she would make a substitute loan at a low interest rate if a part of the existing loan is repaid.

By making a false statement, “The telephone counselor shall acquire money in the name of security deposit, deposit, stamp tax, credit rating, expenses for mediation, and expenses for repayment of loans, etc., by transferring it to the so-called large passbook, and the telephone counselor shall receive 20% of the amount acquired as a successful price.

According to the above conspiracy for the crime, the total liability F served as a general control over the crime, such as leasing the office of the so-called Bosing “Singing” fraud and managing criminal proceeds. G, upon securing personal information related to loans necessary for the crime, sent letters to the victims, instruct them to receive the phone calls from the victims who called the counselors, and, upon receiving the report that the deposits had been successful by the counselors’ work, deposited money into the Chinese exchange team through the team, and made the counselors deposit money into the Chinese exchange team, and paid monthly wages to the counselors, etc. The H served as a general control over the operation of the above organization’s office. He recruited counselors and provided them with education on the methods of inducing telephone calls and deposits to the victims, and the Defendants served as a telephone counselor upon the instructions of I, J, K, L, M, F, H, and H.