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(영문) 부산지방법원 2016.05.23 2016고단1555 (1)

사기등

Text

Defendants shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to imprisonment with prison labor for fraud, etc. at the Busan District Court on January 20, 2016, and Defendant B was sentenced to imprisonment with prison labor at the Busan District Court on January 20, 2016, and two years and six months, respectively, and is currently pending in the trial of final appeal.

[Criminal facts]

1. The Defendants’ joint crimes D, on January 2015, with the proposal of the name and influence (one name “E,” and “F”) of the telephone finance fraud assistance staff member who overall instructs and manages withdrawal and remittance from China in China, shall be in charge of the so-called “collection of passbook” or the so-called “collection of passbook” in the Republic of Korea, and shall be in charge of the so-called “passing management”, and the Defendant A shall be in charge of the intermediary’s mid-2015.

2. On February 2015, Defendant B received the proposal from Defendant A and took charge of the duties of the head of the Tong recruitment and withdrawal, and Defendant B took charge of the duties of the withdrawal of the bill after receiving the proposal from Defendant A on February 2, 2015.

The telephone financial fraud organization is a criminal organization engaged in the business of inducing many unspecified victims by telephone to transfer money to the so-called “passing passbook” account prepared in advance, or directly transferring money to the “passing passbook” account without permission by means of electronic financial transaction information and then obtaining withdrawal of money from the account. In most cases, under the direction of the person who manages the overall crime in China, each of the crime proceeds is distributed under the lead of the person who manages the crime in China. ① Under the condition that the person who uses the personal information acquired in advance assumes telephone to an investigation agency, financial institution, etc., and induces unspecified persons to transfer money to the large bank account by various methods such as inducing personal information leakage or transfer, inducing personal information leakage or account transfer, or demanding expenses, etc. < Amended by Act No. 1083, Apr. 2, 2006>