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(영문) 서울남부지방법원 2017.02.10 2016고단5004

전기통신금융사기피해방지및피해금환급에관한특별법위반등

Text

Defendant

A shall be punished by imprisonment with prison labor for a period of two and half years, and by imprisonment for a period of one year.

Reasons

Punishment of the crime

[Reference Facts and the Defendants' roles] The organization of Bosing phishing fraud is operated in the form of an organization, such as making contact with the victims of this case to avoid the control of investigation agencies and financial authorities, making prosecution investigators, prosecutor conduct the inspection, and making them find financial information necessary for Internet banking, transfer the victims' money to the management account, or having the victims transfer money directly to the so-called so-called "Masping passbook," and the "fund liability" shall exercise overall control over the deposit and withdrawal of funds, and the "measures to withdraw" shall take charge of raising funds in accordance with the direction of the "fund liability".

The Defendants participated in the Bosing Organization through E, a general responsibility for the Republic of Korea, the Republic of Korea of the Bosing Organization located in the north Gyeong-ro and the Ssing-ro, China (the suspension of indictment on October 14, 2016). After the Defendants took part in the organization of Bosing, the Defendants take charge of recruiting and managing the Korean Human Resources; the Defendants take charge of the prosecution investigator who belongs to the Seoul Central District Public Prosecutor’s Office, and the Defendants take charge of the so-called “ Bosing,” which would receive performance rates of 5 to 7% out of the amount of damage if the Defendants successful the Bosing-sing crime, and other under the name of the Defendants, opened the website of the Public Prosecutor’s Office in disguised manner, and recruited the so-called “the solicitation of passbook” or “the withdrawal agent,” which takes charge of withdrawing the amount of damage remitted by the victims, in order to commit the crimes of Bosing.

[Criminal facts]

1. Defendant A, in collusion with the above E and the influent winners, called the victim F (nive, age 26) at the North Korean border around July 31, 2014, called the victim F (nive, age 26) and assumes the H investigator of the Seoul Central District Public Prosecutor’s Office G team, and called the victim F.m., “I is under arrest and investigation, and as the head of the party was used for the crime, it is necessary to undergo an investigation as to whether the party is the victim or the perpetrator.”