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(영문) 서울중앙지방법원 2016.01.22 2015고단6532

사기

Text

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

Reasons

Punishment of the crime

On September 3, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Electronic Financial Transactions Act at the Seoul Central District Court on September 3, 2015 and for the same year.

9. 14. The judgment became final and conclusive.

As a "total Liability" of the telephone financial fraud organization in China, a person who is under the name of China assumes charge of prosecution investigators for many unspecified persons in Korea while operating the call center in China, and takes charge of the financial fraud crime by deceiving "the bank account was used for the crime of fraud" and "the bank account was remitted to a designated account because the bank account was used for the crime of fraud," and his/her role is divided into the " recruitment book" through which the bank account is recruited in Korea, "the delivery book" through which the bank account is sent in Korea, "the delivery book" through which the amount of damage is delivered in cash, "the withdrawal book" through cash transfer from abroad, and "the remittance book" through which the money is returned abroad.

이에 따라 피고인은 성명 불상 자가 모바일 채팅 서비스 ‘ 위 챗’ 을 통하여 지시하는 대로 성명 불상의 ‘ 전달 책 ’으로부터 타인 명의의 체크카드를 건네받아 해당 계좌에 입금된 피해 금원을 인출한 후, 그 대가로 인출액의 5%를 갖고 나머지를 ‘ 전달 책 ’에게 주는 방법으로 금융 사기 범행을 하기로 순차 공모하였다.

On April 23, 2015, at around 12:00, the name-free person misrepresented the victim C by phone calls to the prosecution investigator, and falsely pretended that “a new account was used for a crime in the name of fraud so that the account was remitted to a designated account”, and that in this context, the victim wired KRW 8,000,000 to the one bank account in the name of D around 14:46 of the same day. In addition, the victim wired KRW 19,050,000 in total three times in the same manner as indicated in the list of crimes in the attached Form.

On the other hand, the Defendant, from April 22, 2015 to February 23, 2015, postal service in front of the Seoul Guro-gu Seoul Metropolitan Government Fro, opened the account of one bank in the above D name from the “delivered book.”