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(영문) 의정부지방법원 2020.05.08 2020고단1009

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 to 4 shall be confiscated.

The defendant.

Reasons

Punishment of the crime

The Defendant, who was in charge of collecting and remitting the money obtained through deception at the organization of telecommunications-based financial fraud (hereinafter “Sphishing”), was delivered the money by receiving instructions through the instant team leader and the instant Megsens, which is the total responsibility of the organization that came to know through the advertisement in early January 2020, and conspired to receive the money from KRW 50,000 per day to receive KRW 50,000 per day, and transfer the money to the account instructed by the team leader of the said D team.

1. On February 17, 2020, the person who was unaware of the name of the crime committed against the victim B stated that “A person who was unaware of the name of the crime shall be presumed to be an E bank staff member, and the victim shall be asked to obtain a low interest rate loan if he/she redeems the existing loan, including the penalty of KRW 5 million, and shall be treated as having repaid the principal if he/she would have paid the penalty of KRW 20 million.”

However, the person who is not aware of the fact is an employee of the Bophishing organization, and there was no intention or ability to provide a loan to the victim.

On February 19, 2020, after deceiving the victim, and allowing the victim to withdraw KRW 20 million in cash, the victim was present, and around 10:03 on February 19, 2020, the E Bank employees were present at the “G” store located in Namyang-ju F, and the defendant was present at the above date and at the above place, at the time and place, a forged identification card of the E Bank that was delivered by the team leader, with false details of the loan and a certificate of debt repayment, and transferred the above cash from H Bank located in South Korea to the account designated by D, with the victim delivered KRW 20 million in cash from the victim.

As a result, the defendant was given property from the victim by deceiving the victim in collusion with the victim in false name.

2. On February 18, 2020, a person who was named in the name of the victim I who committed a crime against the victim I assumes the staff of the J lending enterprise and calls the victim for a “existing loan”.