사기
The prosecutor's appeal is dismissed.
1. The organization of the crime of telecommunications-based financial fraud in the facts charged of the instant case (the so-called “scam”) bears the role of the organization, such as the inspection, the staff of the Financial Supervisory Service, and the police, etc. against many unspecified persons of the Republic of Korea and mobile phone subscribers through the Internet call center in China through international telephone, etc., and notifying them of false facts, and the organization plans and instructs the crime by receiving money directly from many unspecified persons or by having a bank account account transfer, etc., the organization of the crime of telecommunications-based financial fraud of the instant case bears the role of the organization, such as the “book solicitation” in China, the delivery of a bank account to withdraw the amount of money obtained by deception, the “personal withdrawal” directly withdrawing the cash account transferred by the victims, the “transfer account transfer account”, and the “ recruitment account” that solicits withdrawal and remittance.
The defendant recruited B as a cash collection measure for the crime of Bohishing, which was known to the defendant, and the role of soliciting B as a monetary collection measure to instruct the crime, and B as a collection measure or delivery measure to receive cash from the withdrawal measure by the Chinese total responsibility for the crime of Bohishing, and the direction of the defendant, and to receive money from the victims.
Accordingly, around July 8, 2018, the Defendant called to B, who was aware of it in the world of China (hereinafter referred to as “D”) and made a call to B, “I can easily impose money on B by entering the website that is not easy to pay money in Korea. I can enter the website. I can see once entering the website.” The Defendant, who visited B’s website, ordered B to play the role of collecting and delivering the amount of money from scaming damage by accessing B’s name-free boxes (hereinafter referred to as “D”).
The defendant around 13:00 on July 9, 2018, the defendant "B until 10.0."