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(영문) 수원지방법원 2020.01.10 2019고단6576

사기등

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence Nos. 1, 4, and 5 shall be confiscated from the accused.

The defendant.

Reasons

Punishment of the crime

The organization of telecommunications-based financial fraud of the 2019 Highest 6576 term “Franishing” (hereinafter “Franishing”) refers to a false statement to the effect that a call center is operated in China to transfer money to a designated account under the name of a prosecutor, employee, etc. of the Financial Supervisory Service by misrepresenting a large number of unspecified persons located within the Republic of Korea to return the amount of damage caused by the theft of name; thus, the victims should transfer money to a designated account under the name of the victims, such as ordering the victims to return the amount of damage caused by misrepresentation of name, etc., such as “scaming” in which the victims received the account to be used for committing a telecommunications-based financial fraud from the account holder; “delivering the amount of damage” which directly withdraws the amount of damage if the victims remitted money to the designated account; “burging the amount of damage” that directly collects the amount of damage from the victim and directly transfers the amount of damage to the designated account according to the direction of the total amount of damage.

On October 8, 2019, the Defendant: (a) received a proposal from a name-free person, who is the “total liability” of the telecommunications-based financial fraud organization, to “drawing the files sent as if they were instructed; and (b) received money from another person or the documents printed out; and (c) made it possible for the Defendant to pay part of the amount of money to be paid as allowances to the victims by collecting money; and (d) made the call center staff to withdraw cash from the account of the victims under the pretext of confirming the amount of damage by phoneing the victims to the Financial Supervisory Service and deliver it to the employees of the Financial Supervisory Service, the Defendant committed telecommunications-based financial fraud by means of receiving cash from the victims by misrepresenting his/her employees.