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(영문) 인천지방법원 부천지원 2016.03.31 2016고단194

전기통신금융사기피해방지및피해금환급에관한특별법위반등

Text

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

Reasons

Punishment of the crime

Defendant and D, E, F, and G (hereinafter referred to as “D, etc.”) are the so-called head of an international telecommunications fraud (hereinafter referred to as “scam”) organization. The organization is composed of an organization that operates the call center in the French area and operates the call center in the French area to induce transfer and deposit by telephone, and an organization that takes the role of transferring the head of the passbook in the Republic of Korea and withdrawing and remitting the damage therefrom. Defendant and D, etc., under the direction of H, a general book in China, sent the call from the call center in China to the domestic unspecified persons by sending the access media such as the physical card, etc. to Kwikset-si through Kwikset-si’s services, etc., and an employee in influencing from the call center in China to transfer a certain amount to the general public and then withdrawn the amount of money to be deposited in order as above from the above H’s order.

1. On October 21, 2014, the Defendant called “the head of the Tong for the purpose of tax saving, as the head of the Tong is required to do so, to give KRW 2 million as the account rent in one month for the lending month,” by phoneing the victim I at the end of the insular road of China (hereinafter referred to as “the head of the Tong”).

However, in fact, the defendant thought that the above physical card was used for the phishing crime, so the defendant did not actually have the intention or ability to pay rent to the victim.

Accordingly, the Defendant, in collusion with the above H and D, makes a false statement to the victim as above, received each copy of the victim’s name cooperation passbook (Account Number J), City bank passbook (Account Number K), and the check card related thereto from October 6, 2014 to December 22 of the same month.