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(영문) 서울남부지방법원 2016.01.26 2015고단3954

전기통신금융사기피해방지및피해금환급에관한특별법위반등

Text

Defendant

A Imprisonment for two years, Defendant B and C shall be punished by imprisonment for one year and six months.

Reasons

Punishment of the crime

[2015 Highest 3954]

1. The Defendants’ joint crime F established and operated an international telephone finance fraud (one-name “scam”) organization in the region, including China’s paths and Samis. The Defendants’ joint crime committed the following acts: (a) the members of the public prosecutor’s office by making phone calls against victims in many unspecified Republic of Korea; (b) misrepresenting them to the investigator of the public prosecutor’s office; (c) remitting money to another person’s account; or (d) establishing a false Internet website with the investigative agency, etc.; and (b) using the victims’ financial transaction information secured through such means as Internet banking and telescing; (c) transferring money from the victims’ account to the bank account; (d) the role of soliciting the passbook; (e) the role of taking over the solicited one’s passbook; (e) the role of withdrawing the money wired to the one’s passbook; and (e) the role of remitting money by receiving the withdrawn money.

The Defendants were released from China around December 18, 2014 to the Singishing organization run by F. Defendant B, from December 18, 2014 to February 1, 2015, Defendant A and C, from December 18, 2014 to February 8, 2015, at the Singishing office where G is the head of the team, and the Defendants A and C, from March 18, 2014 to May 10, 2015 to the Singishing office where G is the head of the team, Defendant A, along with the victims from the victims at the Singish office where G was the head of the team, misrepresented the investigators of the public prosecutor’s office to have the victims attend the account under the names of the victims, wired money to the victims through the Internet bank’s official account transfer from the victims’ Internet account to the victim’s official account through the Internet financial transaction information transfer from the victims’ official account, etc., or secured it through the Internet bank’s own account.