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(영문) 서울남부지방법원 2020.03.25 2019고단6241

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 21, 2019, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Seoul Central District Court, and the judgment became final and conclusive on December 20, 2019.

【Criminal Facts】

The telephone financial fraud criminal organization, using the call center in Korea and abroad, induces victims by means of deceiving the victims from the criminal litigation process, credit loans, leakage of personal information, etc. of the victims, while misrepresenting them with the investigative agencies, financial institutions, the Financial Supervisory Service, etc., using the call center in Korea and abroad, and received the remittance of the amount of damage to another person's account secured in advance, and then committed the crime of "compacting" in the manner of receiving the said amount of damage through cash withdrawal, cash delivery, and remittance.

Accordingly, C/D decided to act as a cash withdrawal measure in accordance with the proposal of the personnel in charge of phishing operations, and withdrawn and deliver to the Defendant the remaining amount of money excluding a certain amount of money out of the damage amount remitted to their own account, and the Defendant is entitled to receive a certain amount of money as a cash collection and delivery measure in accordance with the proposal of the above person who has failed to obtain a name, and C/D intended to receive money from many unspecified victims by carrying out the role of delivering the above damage amount delivered from D to another person who has not received another name.

1. On March 7, 2019, the Defendant, by calls from the victim B on or around March 7, 2019, called “A bank employee” and falsely called “A bank employee to the effect that “A bank employee may obtain a credit rating if he/she is able to obtain a credit loan and immediately repay it,” and then, the Defendant was transferred KRW 12 million from the victim B to the F bank account in the name of C, and then called “A bank employee” to the victim H.